HISTORY 



OP 



KANSAS: 



FROM 



THE FIRST EXPLORATION OF THE 
MISSISSIPPI VALLEY, 



TO 



ITS ADMISSION INTO THE UNION 



EMBRACING 



A CONCISE SKETCH OF LOUISIANA: AMERICAN SLAVERY. AND ITS 
ONWARD MARCH ; THE CONFLICT OP FREE AND SLAVE LABOR 
IN THE SETTLEMENT OF KANSAS. AND THE OVERTHROW 
OF THE LATTER, WITH ALL OTHER ITEMS OF GEN- 
ERAL INTEREST : COMPLETE. CONSECUTIVE 
AND RELIABLE. 



.A^ 



i^" By J. N. HOLLOWAY, A. M. 



LAFAYETTE, IND : 
JAMES, EMMONS & CO., JOURNAL BUILDINGS. 

1868. 

J, - 




T\ 



Entered according to Act of Congress, in the year IHdl, by 

JOHN N. HOLLO WAY, 

In the Clerk's Office of the District Court of the United States, for the 

District of Kansas. 



TO 

A SINCERE FRIEND OF MANKIND, 

IRRESPECTIVE OF PARTY, CONDITION OR COLOR, 

3.1x5 a Caboitr for ^oob, 

UNDER A GRATEFUL SENSE OF MANY FAVORS, 
AS A TOKEN OF HIGH .ESTEEM, 

THIS VOLUME IS RESPECTFULLY INSCRIBED BY 



PREFACE. 



Kansas has a history which is common with no 
other State in the Union. The history of Slavery in 
onr comitry is the history of successive triumphs and 
continued advances over the will of a majority of, 
our people, until it entered into a hand to hand grap- 
ple with Free Lahor in Kansas. Here was the bat- 
tle-field of the combined forces of the " Irrepressible 
Conflict," and here the question of supremacy be- 
tween its opposing elements was finally settled. 
Slavery triumphed in every Territory where she 
sought to establish her dominion until she provoked, 
by tearing down the bulwarks of Plighted Faith, a 
single-handed contest with Free Labor in the settle- 
ment of Kansas, upon the principles of Pox3ular Sov- 
ereignty. 

To the people of this Territory, aided by friends^ 
in the Free States, therefore, belongs the honor of 
first repelling the advances of Slavery, and of for- 
ever destroying its power. Slave propagandists felt 
this, and hence, when the question was decided in 
Kansas, they turned in their wrath upon the General 
Government, Avhich had been to Slavery an indul- 
gent and fostering guardian, to take its life, whereby 
to rid themselves of its control. 

Few have fully comprehended the awful character 
and extent of the desperate conflict in Kansas. Both 



6 PREFACE. 

parties upheld by the pecuniary means and moral 
support of their respective States, engaged in it 
Avith the most intense and inflamed spirit of parti- 
sans. Plans, deep, dark and far-reaching, were 
laid by the great minds of the nation, and found 
their execution in Kansas. Worse than civil war 
reigned, worse than its concomitant evils prevailed. 

To fully understand the character of the Xansas 
conflict requires a proper acquaintance with the ag- 
gressions of Slavery in the United States upon Free- 
dom, of which the Kansas trouble was but the out- 
growth or culmination. I have, therefore, inserted 
a short sketch of that Institution. 

The history of Kansas is a difiicult one to write. 
Though there is an incalculable amount of material 
which can be gathered together, still facts were so per- 
verted and diflerently represented by contempo- 
rary writers, that the searcher for truth is often lost 
and puzzled in his investigations. Much, too, of the 
history of Kansas has never been written. The de- 
signs and motives of each party, and many of their 
plans, can not be found on paper, all of which so 
essential to a complete history of Territorial strug- 
gle, must be gathered from men who are still living, 
and to whom they are familiar. 

There is no complete and consecutive history of 
Kansas Territory. The books which have been 
written upon Kansas matters cover but a short space 
of time, and contain but a partial fnid disjointed 
sketches of those times. They were written in great 
haste for campaign documents, and hence were in 
many instances highly colored and inaccurate. 

Most of the important documents bearing upon 
Kansas history are scarce and difiicult to find. There 
is no public library or historical society in the State 
which has made the collection. The writer has been 
at the trouble and pains to make this collection him- 
self, which he has found more difiicult than the labor 



PREFACE. 7 

of writing the book. In a few years this work could 
not have been done. Documents would have been 
lost, families moved away, and thus some of the most 
essential items in the history of Kansas become 
oblivious. 

The uxwRiTTEX history of Kansas could never 
be w^RiTTEX so Avell as at the present time, while 
most of the actors in the early troubles of the Terri- 
tory are still living. The author has visited those, 
made their acquaintance, whom he has ever found 
open and communicative on all subjects, and from 
whom he has gathered much valuable assistance. 

To supply what seemed to be a great public de- 
mand has been my design in undertaking the pre- 
paration of this volume. I liave had but one idea 
to guide me in its compilation, and that is Truth. 
By this I have sought to test every word and sen- 
tence. I have sought not only to avoid misrepresen- 
tation, but also another very common fault into which 
writers are })rone to fall — exaggeration of f\icts ; 
but I have labored to describe events exactly as they 
transpired, without underrating or over coloring 
them. How far I have succeeded in accomplishing 
this purpose is left to the impartial judgment of the 
public to decide. 

In the prosecution of this work, I have enjoyed 
many advantages. Totally imconneeted with the 
Territorial difficulties, without any political or per- 
sonal preferments, my judgment has been wholly 
free from prejudice and partiality. I have freely 
consulted with men of all parties and opinions, from 
all of whom I have gathered much information. 
Books, tiles of papers, letters and documents of va- 
rious kinds have come to me from every quarter. In 
this way m}?- labors have been greatly facilitated, and 
I take this oj^portunity to make a public acknowl- 
edgement of these favors, which are the more appre- 



» PREFACE. 

ciated as I am a stranger in the State. It would be 
tedious to mention all who haA'e rendered me much 
invaluable assistance, but I cannot forbear to name 
the State Auditor. JMr. Swallow, and State Librarian, 
Dr. Hounton, who has permitted me the use of the 
library, as though it were my own; Mr. Barker, Sec- 
retary of State and jNIr. Clarkson, Clerk in that office, 
who have allowed me free access to official records; 
Hon John W. Forman of Atchison, who has fur- 
nished me, among other valuable documents, a com- 
plete file of the "Squatter Sovereign;" Dr. A. Hunt- 
ting of Manhattan, who sent me several valu- 
able scra^^-books; lion, G. W. Smith of Lawrence, 
who furnished me a complete file of the " Herald 
of Freedom"; Hon. Joel Grover, of Lawrence, who 
supplied me with some rare documents; Col. C. K, 
Holliday of Topeka, who has given me many impor- 
tant items; LEon. J. A. Halderman of Leavenworth, 
through whose influence I obtained access to the 
Mercantile Library of that city, and the use of its ex- 
cellent files of old papers; Hon. S. A. Kingman of 
Atchison, who has assisted me in various ways; Gov. 
Robinson, to whom I am much indebted, as also to 
Col. Montgomery, whose assistance and hospitality I 
have enjoyed; Hon. J. A. Wakefield who wrote out 
some early reminescences for me; Hon. George Hill- 
yer who furnished me a file of the "Kansas Free- 
man"; Hon. John Hitchie from whom I obtained val- 
uable official documents; S. M. McDonald and Baker 
of the "State Record" who have greatly assisted me; 
Hon, James Christian who has the most valuable 
library in the Territory. J. N. H. 



CONTENTS. 



CHAPTER I. 



History op Louisiana — How Connected with History of Kansas; 
Ferdinand de Soto's Expedition to the Interior of the United 
States; The Century that Elapsed; Indian Reports of a Great 
River in the West; Marquette's Expedition Down the Missis- 
sippi; La Honton's Travels; La Salle's Explorations of the 
Mississippi, and his Unsuccessful Atten>pt to Found a Colony 
at its Month; De Iberville Repeats the Effort to Colonize 
Lower Louisiana with Belter Success ; Sufferings of the Col- 
ony; Crozat Acquires Control of it; He Fails; Louisiana in 
the Hands of the Western Company 21-27 

CHAPTER n. 

History op Louisiana — The Company's Operations ; Its Prosperity 
Not Real; Surrenders its Charter; What was Accomplished for 
the Colony under its Auspices ; On its Reversion to the King 
he Chastises the Indians; Boundaries of Louisiana; England 
and Spain Jealous of French Prosperity; Conflicting Claims 
of England and France; English Attempt to Settle the North- 
western Territory ; The French Oppose this Movement ; Rup- 
ture Between the two Nations Which Gives Rise to the French 
War; Treaty of Paris; Part Spain Played, and Her Loss; 
Franca Cedes the Remnant of Louisiana to Spain; Cession 
Kept Secret for Awhile; Discontent when Made Known ; The 
American Revolution and its Results; Part Spain Played and 
Her Gain; Treaty of 1795; Attempts to Form a Separate 
Government in the South-western States ; United States Alarmed 
on Hearinsj of the Treaty of St. Udefonso; Jefferson Nego- 
tiates to Purchase Louisiana; Bonaparte's Remarks upon the 
Subject; Treaty of 1803; United States Takes Possession of 
Louisiana; Its Division and Organization by Congress. 28-37 

CHAPTER III 

Introduction and Establishment of African Slavery in the 
United States Against the Wishes op the People — What 
the History of Slaverv in the United States Shows; Thrust. 
npon the Colonies by England against their Remonstrances, as 

2 



10 CONTENTS. 

shown irj the history of Massacbosetts, Virginia, Georgia, New 
York, New Entjiaiid States, and South Carolina; The Declara- 
tion of Indeper deuce embodies the aeuiimeLis of the People 
in retra'd to Slavery; Suppressed Article; Action of Conti- 
nental CoogreFS against it; Effort in 1Y84 to Prohibii Slavry 
from the Territorien of the United States; Prohibition of 1787; 
Slavery Triumph in the Constitutional ConveHtion; Soutti 
Carolina and Georgia Cede their 1 erritory to th^ Union ou 
Conditions; Slave Trade followed by Slave Breeding 38-46 

CHAPTER IV. 

Tkiusiph op Slavery in 1820 — Missouri Petit ons Congress for 
Admisbion; Referred to a Committee ; Report not acted upon 
that Session ; Petition renewed at next Session ; Slavery 
Restrictiou Introduced; Bill Lost; Arkansas Territory O-g-an- 
ized ; Magnitude of the Missouri Question; Popular Excite- 
ment during the Summer; Position and Arguments of the two 
Parties; The Sixteenth Congress; Tbe Missouri Question 
Engages its Attention : Mr. Taylor's Amendment; The Stormy 
Debate; Its CoAracter; Selections from the Speech of Mr. 
Otis, of Mr. Barbour, and others, Mr. Thomas' Amendment; 
The Voiie; i be two ilouses Disagree; The Committee of 
Conference; The C-.'mpromise; Missouri forms a Constitu- 
tion; Objectionable to Congress; Admitted upon Conditions; 
She Complies with Them 46-56 

CHAPTER V. 

Triumph of Slavery in the Annexation of Texas. — Qaeation 
about the Bjundaries of Louisiana; Treaty v^ith Spain; A 
Southern Move ; jlexico Gains her Independenci*; Te.^as Col- 
onized — R'jvolts and Asks to be Annexed to the United States ; 
The Annexation and Provisions; Opposition to the Annexa- 
tion; President's Proposition to Cr,ngres8 to Satisfy Mexico 
with Money; Qaeation as to the Character of Labor in toe 
Territory; Wilmot Provi-o — Lost; Popular Sovereignty First 
Enunciated— Not Popular; Attempt to Organize the Terri 
tory; Resumed in 1850; Slavery Holds the Missouri Compro- 
mise Sacred ; Compromise; What the South Gained 56—63 

CHAPTER VI. 

Kansas-Nebraska Act— Slavery Tricmph— Relation of Both Par- 
ties to trie Missouri Compromise; Its fir.^t Infraction in 1836; 
Petitions for Organizing Territory West of Mia:'Ouri ; Opposi- 
tion of the South ; Bill tor Its Organization in the 33d Con- 
gress; Validity of trie Missouri Compromise First Questioned; 
Plighted Faith ; S A. Douglas at First Startles but Resolves 
not to be Outbid; His Kansas-Nebrask Bill; Position of the 
Two Far lies; Motion of Mr. Douglas; Mr. Chase's Motion Mr. 
Badger's Motion ; Mr. Clayton's Motion; Mr. Chase's Pioposi- 
tion; Bill Passes the Senate; Bill in the House; Parliamen- 
tary Maneuver of Hon. A H, Stephecs; Bill Forced Through; 
Congressional Globe; Bill in the Senate ; Atchison's Speech; 
Signed by the President; Design of Organizing Two Territo- 
ries i 64—72. 



CONTENTS. 11 

CHAPTER VII.— 1854. 
An Act to Organize tub Terkitory of Kansas 74-8G 

CHAPTER VIII.— 1705-1854, 

Antiquities op Kansas — Kansas Antiquitioa not remote; i he 
Name; Discovered in 1705; Explored i'l 1719; Spanish Expe- 
dition and Battle in 1720; The French Establish a Fort on tne 
Missouri: Expedition of Louis and Cla^^•; First Steamboat np 
the Missouri; The Fur Trade; Sanifi Fe Trade; Indiana 
Troable the 'IVaitKs; Council Grove; Ootiitting Posts; Mas;- 
nifude of this Trade; For-; Le ivenworth; Removal of the 
Indiana from the East; Fort Scott; Fremont; Trains Across 
to the Pacific; The Border iu the Mes.ic<iii War and Gold Ex- 
citement in California j^ Description of Prairie Commerce - ..• 87-95 

CHAPTER IX.— 1854, 

A Survey of the Battle Tield and the Contestants Before the 
Conflict — Kansas Regarded as a Barren Wa>?te; Bailor known, 
af't^r Califorr.ia Eonii^iatiou ; People of Missouri; Slavery and 
Kansas Territory; Atchison's Speech; Character of the People 
on the Border; Effect of Atchison's Spe<;ch; His Biography; 
Feeling of the People af er the Repeal of the Missouri Com 
uromise; Feeling of the Free States; Determined to Contest 
its Settlement; Advantages oa tie Side of Slavery 96-105 

CHAHTER X— 1854. 

Pro-.^lavery, Emigration, and Emigrant aid Societies — Emigra- 
tion from Missouri; Politicians hold Sqna'ter Meeti' as; Reso- 
lutions of the First Convf^niion in Kansas; abolitionists; 
Founding of Leavenworth; Of Atchison; Free State Men not 
Idle; Appeals of the Press; Ort;anization of Aid Societies; 
New England Emigrunt Aid Society; Its Design, Character, 
and Mode of Operating; Emigrant Aid Company of New 
York and Cincinnai; Union Emigration Society; Their 
Primary Object; Not IJleg'.l nor Dishonorable 106-115 

CHAPTER XI— 1854 

Free State Emigratign, Hostile Preparations, akd Tue Begin- 
ning OF Difficulties Free State Sf^ttleis ; Disturbed by Mis- 
sourians; Squatter Government ; C. H Branscomb; Fir.-t ^et 
tiement of Lawrence; Of Topeka ; M^inhattrin ; Gr.'*sshopp(=r 
Fall-; What the Fmigrant Aid Societies Did, and Especially 
the New England; The Border Alarmed; Platte Argu."?; The 
Pas'^ions of the Border Men Excited; Resolutions at Border 
Meetings ; Reward Offered for Eli Thayer; Threats T.-wards 
A. Gnthne; Platte County Self-Defensive Association; Re- 
marks of the Border Chiefs ; Livesand Characters of the String- 
fellows ; Missouri Se<.'ret Societies.; Real and Avowed Causes 
of thei.- Formation; Self Defensives Seize T, A Minttrdand an 
O'd Citizen; Arraign Rev, F. Starr; Seek to Control Tr.-de; 
Citizens Pr test Against Them; They Remove their Headquar- 
ters from Weston ; First Invasion of Lawrence ••• 116-130 



12 CONTENTS. 

CH AFTER ?XIi— 1854. 

Inauguration op Government — No Government for four months, 
bat all was orderly; Territorial Officers Appointei ; Biography 
of Governor Reeder; llis Arrival at Leavenworth; Tour 
through the Territory ; Proclamation for Election, not Palata- 
ble to Pro-slavery Men ; The Convention at Leavenworth ; Its 
Correspondence with Governor Reeder; The Candidates lor 
Delegate to Congress; Slavery not en Issue; The Election; 
Frauds; Sommary of the Returns; J. W. Whitfield Elected; 
Popular Sovereignty Exemplified; Courts Opened 131-137 

CHAPTER XIII— 1855. 

Electing Territorial Legislature —Mild Winter; Census Tflken; 
Returns; Anecdote; Disaffection of Pro-Slavery Men; Proc- 
lamation for an Election of Territorial Legislature ; Slavery 
Made the Issue; Preparations in Missouri; Invasion of the 
Territory and Stuffing Ballot-boxes; At Lawrence; Bloom- 
ington ; Sixteenth District; Eiohteenth ; Abstract of Election 
Returns; Excuse for Illegal Voting; The Emigrant Aid So- 
cieties Took no Part in the Election; Free State did not all 
Vote ; A Fair and Full Vote Would Have Given a Free State 
Majority; Testimony of the City Attorney of St. Joseph; On 
Demand of Members Elect Governor Reeder Issues Crrtificates, 
Except in Six Districts ; Protests; Pro Slavery Men Incensed; 
Refuse to Participate in the New Election 138-153 

CHAPTER XIV— 1855. 

The Consequence— Feelings of Free State Men; Their Demeanor: 
Rejoicing on the Border; "Squatter Sovereign" Advises Ex- 
termination; A Convention to Intimidate Reeder; Destruction 
oi "Parkville Luminary"; Warning to Methodist Preachers; 
Meetings 8t Weston and Liberty; Murder of Clark; McCrea's 
Escape ; Pro-Slavery Men Enraged ; Notify Mr. Phillips to 
Leave; Another Meeting; Vigilance Committee Appointed; 
Phillips Carried to Weston, Tarred and Feathered, and other- 
wise Outraged; The xiction Endorsed by a Public Meeting; 
DilTeienoe in the Manners of Free Slate Men and Pro- 
Slavery Men 154-158 

: CHAPTER XV— 1855. 

Territorial Legislature — Governor Reeder Goes to Washington ; 
President Urges Him to Resign— But Tbey Cannot Agree Upon 
the 'J'erms of Correspondence Grounding His Resignation ; 
Other Positions OEFered Mr. Reeder ; He Returns to the Terri- 
tory Feeling Insulted ; Territorial Legislature Assembles at 
Pawnee ; Both Houses Purge Themselves of the Free State Ele- 
ment ; Report of Committee on Credentials in the House — Mi- 
nority Report; Protest of the Ousted Members; Motion of 
Judge Wakefield in Council ; Colonel Cofi'ey's Response to 
Wakefield's Interrogation; Report of Committee on Creden- 
tials; Protest of Free State Members ; Move the Temporary 
Seat of Government to Shawnee Manual Labor School Over 



CONTENTS. 13 

the Governor's Veto ; Design of Calling Legielatnre at Pawnee ; 
Leaiislature at Shawnee Mission Frames a Code of Laws; Their 
Oppressive Features; Governor Refases to Recognize Them 
as a Legal Body; They Consult the Supreme Court of the Ter- 
ritory Which Renders a Judgment in Their Favor; Legisla- 
ture Memorialize the President for Mr. Reeder's Removal ; 
Mr. Reeder Removed 158 — 167 

CHAPTER XVI— 1855. 

Causes of Reeder's Removal Considered — Causes; Pawnee; 
Reeder Interested; Jeff. Davis Orders the Removal of the In- 
habitants; Orders not Observed Until the Fall of 1855— When 
it is Carried Out; Half Breed Kaw Lands; Reeder's Specula- 
tion No Speculation At All; Governor Reeder's Career Praise 
Worthy; Members of Legislature Attend to Their Own Inter- 
est; Complaints of Their Constituents ; Hon. Wilson Shan- 
non Appointed Governor; His Biography; A Copy of the 
Laws Punishing Offenses A^^ainst Slave Property 168 — 176 

CHAPTER XVII— 1855. 

Free State Movements— Oppression of Free State Men ; Tbey Pe- 
tition in Vain; Determine to Protect Themselves by Peace- 
able Means First ; Convention at Lawrence on the 8th of June ; 
National Democratic on the 27lh; Free State Men on the 11th 
of July ; Mass Convention on the Idth of August; The Union 
Mass Convention on the 15th takes Prelimina'^y Steps for a 
Constitutional Convention ; Organization of the Free State 
Party; Platform; Very Conservative; Reasons; Report of 
Committee on State Organization ; On Legislative Matters of 
the Teriitory ; Provides for Election of Delegate to Congress ; 
Reeder Defended from Charges and Nominated; Judge 
Smith's Speech; Reeder's Response; Topeka Delegate Con- 
vention 19th of September ; Its Resolutions. 177-189 

CHAPTER XVIII— 1855. 

Free State Movements — Continued — People's Proclamation : 
Call for an election of Delegates to Constitutional Convention ; 
The Absorbing Topic Discussed; Election of Delegates to 
Congress; An Amusing Incident; Topeka Constitutional 
Convention; Character of the Body; Vote on Striking Out 
"White;" On Approving Squatter Sovereignty: Excluding 
Free Negroes; The Constitution; Signers, their Occupation, &c. 190-199 

CHAPTER XIX— 1855. 

Various Evenes — Free State Emigration; Improvements; Poor 
ClasH of New Emigrants; Disease; Secretary Woodson ; Con- 
vention at Lexington, Missouri, of Border Chiefs ; Secret 
Organization; Kansas Legion; Pat. Laughlan's Expose; 
EfiForts to Involve Free State Men in Legal Difficulties; Policy 
of Free State Men, especially at Lawrence; Another Secret 
Organization; Its Character and Object; Outrage at Atchison 
on J. W. B. Kelley; Resolutions ; Rev. Pardee Butler sent 



14 CONTENTS, 

afloat on the Missouri River; Collins Killed by Laughland ; 
How Shannon's Appointment was Viewed by the People of 
ihe Border; Hia Arrival at Kansas City ; Commits Himself lo 
Slavery; Pleases Pro-Slavery Men ; Address to the " Law-and- 
Order People;" Call for a Convention ; Object of the Move- 
ment; The Convention; Remarks by Shannon, Calhoun, Par- 
rott, Judge Lecomptu and Woodson 200-212 

CHAPTER XX— 1855. 

Beginning of the Wakarusa War — Disputes About Claims ; Hick- 
ory Point; Origin of Difficulties; Coleman kills Dow ; Murderer 
Flees to Westport and Surrenders Himself to Sheriff Jones; 
Oflfense to the Dead ; Funeral; Conven'.ion; Jones — His Char- 
acter and History ; Starts to Lecompton With His Prisoner; 
Obtains a Writ to Anest Branson ; The Arrest ; The Rescue ; 
Excuse for the Rescue; Lawrence and It3 Action ; Design in 
Making the Arrest; Sheriff Jones Writ^^s to Missouri for Help 
and to the Governor for Three Thousand Troops ; Governor's 
Letter to Major General Richardson: Excitement in Missoori 
— Inflammatory Appeal; Shannon's Pi-oclamation ; Woodson's 
Letter to Atchison 213—225 

CHAPTER XXI— 1855. 

Wakarusa War — Missouri's Response ; The Forces in Camp About 
Lawrence — Object in Surrounding the Town; Editors of the 
Squatter Sovcieign in the Field; Lawrence Dismisses the Res- 
cuers and Prepares ior Defense; Sends Couriers Through the 
Territory and Calls for Assistance; The Response; Leaven- 
worth Delegation ; Report of the Committee .n Governor's 
Proclamation ; Petition to ihe President ;' Colonel Sumner So- 
licited to Interfere; Memorial to Congress; Preparatious ht 
Lawrence — Its Forces and Fortifications; Sheriff Jones in 
Town ; Ruffians fear to attack ; General Eastin's Letter to 
Governor Shannon; The Latter Telegraphs to the President 
— Writes to Colonel Sumner; Sumner's Reply; Shannon Act- 
ing upon Sumner's Suggestion, writes to' Sheriff Jones and 
Richardson; The Replies of these Two Gentlemen ; Shannon 
again Writes to Sumner; Committee of Safety's Letter to 
Governor Shannon; The Dopatatiou (rom Lawrence, and 
Their Representation to tie Governor; The Interview; The 
Governor Sees that He has been Imposed Upon ; Goes to 
Wakarusa Camp; Label's to Quell the Commotion; Again 
Asks Aid of Colonel Snmner; Ruffians Attempt to Intercept 
His Dispatch; Sumner Refuses to Move; Anderson's Letter; 
The "Black Flag" to be Raised; Pomeroy Intercepted; Indian 
Chiefs Offer Aid to Lawrence; Clark's Pottowatomies 226-242 

CHAPTER XXII— 1855. 

Thk Misunderstanding — Thomas Barber; His Wife; Parting 
Scene; He Goes to Lawrence; Particulars of His Murder; 
The Widow's Asony; Effect Upon the Free State Boys; Depu- 
tation Sent to Conduct the Governor into Town ; The Confer- 
ence; The Governor is Satisfied of His Mistake; He Returns 
to the Pro-Slavery Camp ; Hia Orders to General Richardson ; 



CONTENTS. 15 

He Arranges for a Conference; Retnrns to Lawrence ; Signs 
i he Treaty; Dissatisfaction: The Treaty; Conference on the 
Wakarusa; Attempt to Assassinate Lane and Robinson; 
Shannon's Orders to the Pro-Slavery Leaders to Disband their 
Forces ; D sappointment of the Raffians ; He Authorizes Rob- 
inson and Lane to Defend the Town ; Incidents ; The Social ; 
Disbanding the Forces ; A Tribute to the Ladies of Lawrence. 243-255 

CHAPTER XXIII— 18o5. 

Robinson and Lank — Life and Charactsr ot Governor Robinson ; 
Life and Cuaracter of Hon. J. H. Lane; Robinson's Address 
to the Soldiers on the (.'ocaaion of Their IJiabandment; Arrest 
and Trial of Some of the Rescuers; "Border Ruffians;" 
Their Character 256-265 

CHAPTER XXIV— 1855-6. 

Various Events op the Winter — Vote on Topeka Constitution ; 
Destruction of the Polls at Leavenworth ; Mustering Out of 
Territorial Militia; Destruction of th? Press of the " Territo- 
rial Register;" M. W. Delahay ; Convention to Nominate 
Free State Officers; The Election of State Officers Under To- 
peka Constitution ; Election at Leavenworth; Disturbances at 
Eastin; Pro-Slavery Man Killed; Free State Men Made Pris- 
oners; All Escape ercept Brown, who is Murdered; Resolu- 
tions of the Legislature; Further Troubles at Eastin; Severity 
of the Winter... 266-2T3 

CHAPTER XXV— 1856. 

Extermination — President's Message; Border Ruffians Determine 
to Exterminate; Jones' Letter to Robinson and Lane; Their 
Reply ; The Treaty Exploded ; Preparations Alons; the Border ; 
Dr. Stringfellow's Proposition to Buy Arms; " Kickapoo 
Pioneer" ontheWarciy; Atchison's Harangue; The Border 
Chiefs send a Messenger to Washington to Preserve the lofla- 
ence of the Administration; They Succeed; "J he South Comes 
to the Rescue; Buford's Move; Extract from the "Eufaul>: 
Spirit of the South;" Action of Alabama; Resolntions in 
Mississippi; Southern Emigrants; Border Chiefs Go South 
to Lecture; Atchison's Letter to the South 274-282 

CHAPTER XXVI— 1856. 
Free State Preparations and Proclamation of the President — 
Apprehensions of the Free State Men ; Alarming Reports from 
the Border; Dark Prospect of the Free State Men ; Lawrence 
Prepares for the Worst; Action of the Executive Committee; 
Deputation to the Fre-; States; Letters to the President; His 
Proclamation; Aimed at Free State Men; Satisfactory to 
Border Ruffians, except in One Respect; Governor Authorized 
to Employ the United States Troops 283-288 

CHAPTER XXVII— 1856. 

State Legislature — Winter passes by without any Invasion ; 
Rumors that the Legislature would be Arrested ; Assembling 



16 CONTENTS. 

of the State Legislature ; Its Organization ; Governor's Mes- 
sage; Acts of the Legislature; Territorial Executive Com- 
mittee Makes its Report and Closes its Existence; Its History; 
Territorial Free State Scrip ; Names of Members of the Leg- 
islature 289-295 

CHAPTER XXVIII— 1856. 

Congress — Investigating Committee — Thirty-fourth Congress ; 
Reader Contests Whitfield's Seat; Appointment of the Investi- 
gating Committee; The Resolutions; The Committee; Their 
Action; Their Report; Its Summary; The Appointment of 
the Committee the Work of Anti-Slavery Men ; Bitterly Op- 
posed by Pro-Slavery Men ; Border Chiefa Enraged ; Renew 
Their Threats of Extermination; The Quarantine; Pardee 
Butler Again Outraged; Whitfield Ousted ; (Topeka Constitu- 
tion in Congress — see Appendix.) 296-302 

CHAPTER XXIX— 1856. 

The Leading Free State Men Arrested or Driven from the 
Territory— Interest in Kansas; S. N.Wood; Southern Emi- 
grants; Buford's RegiTient; Attempts at Arrests; Sheriff 
Jones again Enraged ; Calls on the Govsmor for Help : Gov- 
ernor Writes For and Obtains Troops ; Sumner's Letter to the 
Mayor ol Lawrence; Sheriff Aaain in Lawrence and Makes 
Arrests; Is Shot in the Evening; Action of the Citizens; 
Sam. Salters Continues the Arrests ; Hiding of Free State 
Men ; Lawrence Environed; Colonel Sumner; Writes a Letter 
to Dr. Robinson ; The Reply ; Attemot to Arrest Reeder ; 
Failure; Writs for Leadin!; Free State Men ; Their Conference 
at Tecumseh: Decide to Call State Legislature and Elude the 
Arrest until It Meets; Governor Robinson Starts East; Is 
Intercepted; Mrs. Robinson Goes On; Governor Brought 
Back; Escape of Reeder; Arrest of G. W. Brown and Gaius 
Jenkins; Copy of the Indictment for Treason 303-311 

CHAPTER XXX— 1856. 

The Siege of Lawrence — Lawrence Again Besieged; "Squatter 
Sovereign; " Proclamation of the Secretary; Letter to Gov- 
ernor Shannon ; His Reply; Action in Regard to Secretary's 
Proclamation; People Without a Leader; Committee of 
Safety; Its Policy; Resigns; A New Committee; Its Policy 
and Reasons; Federal Troops; The Embarrassment; Dis- 
content; Many Leave Lawrence; The Invading Forces; De- 
tention of a United States Officer; Arms Seized; Persons 
Arrested; Cox's Visit to the Pro-Slavery Camp ; Letter Irom 
Lawrence to Secretary Woodson; His Reply, Efforts to Avert 
the Calamity; The Special Effort; A Failure; Murder of 
Jones and Stewart; A Final Peace Effort to Ward Off the 
Blow 312-328 

CHAPTER XXXI— 1856. 

The Sack of Lawrence — The Invading Forces ; They Appear Be- 
hind Lawrence ; Scene in Lawrence ; Marshal Enters Town ; 



CONTENTS. 17 

Makes Arrests ; Hands Over His Posse to SheriflF Jones ; 
Letter from the Committee of Sa'ety to the Marshal ; Jones 
Enters Town and Deniarda the Arms, wbich are Given Up; 
Atchison's Speech ; Invaders Enter the Town ; Indictnr.ents 
Against Public Build:n-?s; Destruction of the "Free State 
Press"; Of the "Herald of Freedom ; " Hotel Demolished; 
Description of the JJuildings ; Jones in His Glo:y; Plunder 
ing; The Loss 329-338 

CHAPTER XXXri— 1856. 

Djfficulties AT Leatekworth — Retiring Invaders: Another War 
Appeal; Free State Guerrillas; Lecorapton Affrighted; Attack 
on Captain Walker; Affray at Mr. Storr's; Governor Searches 
for Arras ; Efforts to Break Up the Congressional Investiga- 
tion ; Notice; Arrests. 339-344 

CHAPTER XXXIII— 1856. 

" Old Brown's " Warfare — Life asd Cbaracter of John Brown, 
Sen.; John Rrown, Jr., Marches to the Rescue of Lawrence; 
Pottowatomie Murders; Causes to bn Deplored; Pretext for 
new O.Urages; Young Brcwn'a Company Disbanded; Old 
i rown on the War Path ; Captain Patf/s Invasion ; Takes Two 
of Brown's Sons Pri.^oners; Encamps ou Blackjack; Plun- 
ders Palmyra and Takes Prisoners; The Battle; Escape of 
Dr. Graham; Tie Surrender; Attack on Franklin; Gathering 
of Missourians on Bull Creek; Governor's Proclamation; 
Gathering of the Free State Forces ; Colonel Samner's Arri- 
val; Disperses Shore's Men and Brown's; Sumner Visits 
Whitfield's Camp; Whitfield's Forcr^>i Divide; One Goes to 
Missouri with the Prisoners, Some of Whom They Kill ; The 
Other to Osawatomie and Sack It., 315-362 

CHAPTER XXXIV— 1856. 

Relief for Kansas and the Dispersion op the Legislatitre — 
Reign of Terror ; Emigrants from Illinois Driver, Back ; Boats 
Seized and returned ; Aid from the East; Wisconsin First to 
Move; Rev. Henry Ward BeecheratNew Haven; Illinois; Grand 
Kansas Aid Committee; Beaton and State Kansas Committees; 
Causes of Popular Interest; Excitement in the South; ProteC' 
tion for the State Legislature; Call for Extra Session; Pre- 
parations for Arresting It; The Extra Session; Communi- 
cation with Colonel Sumner; Secretary Woodson Visita the 
Convention; Entrance of Colonel Sumner ; The Dispersion... 363-376 

CHAPTER XXXV-1856. 

Bold Strokes AND Extermination — Colonel Sumner Superseded; 
General Smith; General Lane's Advent ; Guerrillas; Taking 
of the Pro-Slavery Fort; Murder of Major Hoyt; Franklin Ta- 
ken; Fort Saunders; Titus' House Attacked; Stampede at Le- 
compton; Governor Shannon's Second Treaty; Outrages; Res- 
ignation and Removal of Governor Shannon ; Extermination 
Again; The B.rder Circular; Appeal of the " Law-andOrder 
Pflrtj;" V/oodson's Proclamation; "Squatter Sovereign's" 
"Third and Last Time;" Militia Called Out; Skirmish on Middle 
Creek; March Upon Osawatomie; The Battle; Town Sacked 
3 



18 CONTENTS, 

and Burnt; The Rasnlt; Depredations About Lecompton ; 
Orders to Destroy Topeka; Topeka Boys on a March; Colonel 
Harvey's Men at Slouch Creek ; Demonstrations Before Le- 
compton ; Release of f'risoners ; Barbarites at Leavenworth; 
Reign of Terror Compieie; Release of Free State Prisoners.. 377-394 

CHAPTER XXXVI— 1856. 

GoTERSoa Geary — Governor Geary's Appointment — His Biog- 
raphy; Pro-Slavery Men Disspti-fied; Their Address; Their 
Deji^n ; Governor's Anival and What he Saw ; His Inaugural ; 
Ord: rs the Militia to Disband ; Force about Lawrence ; Panic 
at Lrteonapton; Affray at Hickory Point; Sketch of Captain 
Whipple's Life; Arrest of Harvey's Men; Their Trial; The 
Forces Around Lawrence; Visit of the Governor; the "Militia." 395-406 

CHAPTER XXXVII— 1856. 

The Courts — Territorial Courts ; Judge Cato; Murder of Baffum ; 
Efforts to Arrest the Murderer and Bring Him to Justice ; Life 
and Character ol Judee Lecompte ; Geary seeks to Arouse the 
Judges to a Sense of Duty ; Re'luses Troops to Make Arrests... 407-412 

CHAPTER XXXVIII— 1856. 

Lane's Northern Army — Emigra ion Gathers in Iowa; Irs Char- 
acter; First Company Throu.;h; Opening the Way ; The Army; 
Efforts to Check this Emigration ; Redpath'a Company; Depu- 
tation Calls on the Governor; Pcmeroy and Eldridge's Com- 
pany; The Governor's Account; Geary's Prejudices. 413-421 

CHAPTER XXXIX- 1856-57. 

Peace — Arrest op the Free State Legislature — Reign of Peace ; 
D's'.urbancps at Leavenworth Slopped; Territorial Troops; 
Election for Delegate to Congress; Governor's Tour ; Troubles 
in Southern Kansas; Generous Offer of Vermont ; Thadyos 
Hyatt's Scheme; Geary's Administration; Peace Efforts; State 
Legislature Assembles; Resignation of Robinson; His Ex- 
planntion; Sheriff Jones' Scheme; Members Arrested 422-427 

CHAPTER XL— 1857. 

Territorial Legislature— Territorial Legislature Convenes; Ob- 
jectionable Acts; Qaarrels with the Governor; William T. 
Sherrard; Cause of the DilScalty; S!i?.rrard Asaails Jones and 
others; Offers Indignities to 'he Governcr ; Efforts to Censure 
Sherrard; Indifference of Judge Cato ; Indignation Meetini:s; 
One at Lecompton; Resolutions ; Sherrard Killed; Naiiouai 
Democratic Party o! Kansas Territory; Death of Richardsoii ; 
Treasurer's Report; Geary Forsaken; R-presentatives at Wash- 
ington; Geary Resig.Ts; Flees from the Territory; Parallel 
Between Reeder and Geary; New Appointments 428-440 

CP AFTER XLI— 1857. 

Question of VoTcra for Delegates to the Lecompton Constitu- 
tional Convention — Life ol Hon. R. J. Walker; Object of His 
Appointment; Sketch of Hon. F. P. Stanton's Lite; Arrival 
of the Latter -t Lecompton, Their Policy; Fre-; St^ite Men 
lacredulous; Vote for Calling the State Convention ; Provis- 



CONTENTS. 19 

ioDS for Talking the Census; ProTisions for the Election of 
Delegates; Census Returns; Law Not Complied With; The 
ADportionmeut; Mr. Stanton's Speech; Governor Walker on 
the Election in his Inaugural; Reasons Why Free State Men 
'fid n t Contest the Election ; Pro-Slavery Men Censure 
Walker; Extract from Richmond Pap;r; Free State Men Re- 
solv.i not to contest the Election; State Legislature Convenes... 441-454 

CHAPTER XLII— 1857. 

Question of Voting for Members of the Legislature— Conven- 
tion at Topeka; Election ; The Lawrence Municipal Govern- 
ment; Question of contesting the Election; DifBcDl'ies in the 
Way; Apportionment; Decided Against Free State Men; Grass- 
hopper Falls Convention; Remarks; Resolutions; The Dele- 
gate Convention; Election Results; Frauds; Kansas Judges.... 455-464 

CHAPTER XLIII— 1857. 

Lecompton Constitutional Convention — Constitutional Convention 
Organized ; Indiunation Towards the Convention ; Framing 
the Constitution; Question of Submittins; It to a Vote; Its 
Features; Provisions for Submit in£C It to the People; Objec- 
tions to It ; Free State Men Refuse to Participate in Election ; 
The Misstep ; Critical Situation of Free State Men ; The 
Frightful Measure; Governor Walker at Washinaton; His Resit;- 
nr.tion; Extra Session of the Legislature called; Dilficulties the 
Legislature could not Overcome; Its Acts; Removal of Stan- 
ton and Appointment of General Denver; Election on Ratifi- 
cation or Rejection; Constitution in Congress — English Bill; 
Covode Investigation 46.5-481 

CHAPTER XLIV— 1857-8. 

Legislatures — Election for State Officers; Democratic Conven- 
tion ; Lawrence Convention of December 2d ; Tha* of the 
23d; Lane's Strategy , " Bolter's Convention ; " Election Re- 
suite; Memorial to Coneresp; Fr^'e State Legislature ; Coramu 
nication to the Territorial Legislature; Action of the Latter ; 
The Former AdjourtiF; General Denver; Territorial Legislature 
Convenes; Board of Coinmissionerr; Failure of the Let'islature. 482-494 

CHAPTER XLV— 1854-57. 

Troubles J N Southeastern Kansas— First Settlers; Capt. James 
Montg'-mery; First Convention; Second Conventioo; First Elec- 
tion; Appearance of Armed Force; Grievance:-; The Christian 
Warrior; Terribes ihe Enem^; Attacks Davis, Rtiid in Mis- 
ouri ; A Si=cond Raid ; Retires; Pro Slavery Men During the 
Wiuitr; Free State Emigrar-ts; C .aim Difficulties; The Fort 
Scott Coun; Provocations; Free State Court; Atteoipt to Ar- 
rest It; Reinforcements; Lane's Report. 495-510 

CHAPTER XLVI— 1858. 

Troubles IN South-eastern Kansas — ConUniied—Vort Scott En- 
tered; Diiving Pro-Slavery Men; Captain Stew.irt; Thieviuj;; 
Policy of Montcomery; End of the Wicked; Retaliation; 
Fr^e State Men Alarmed ; Spirs in Secret Socicfties ; Hamil- 
ton's Plan; Account of Hamilton; Montgomery Seeks to 



20 CONTENTS. 

Thwart Hisi Purpose; Fijrht with the U. S. Troops; Hamilton 
Prepares to Strike; The Murders; The Pursuit; Dispatches to 
Denver; Captain Walker's Visit to Fort Scott, and Arrests; 
General Denver's Visit; Meeting at Raysville; Speeches of 
Denver and Montgom-rj; 'I'reaty; Understanding. 511-526 

CHAPTER XLVII— 1857-8. 

Political Parties — Disintegration of Political Parties; Of the 
Free State Party; In the Fall of 1857; At the Legislature; 
Its Action; Conslitut'oaal Co?ivention ; Difficulty in Uniting , 
Last of the T-f-eka State Government; Vote for Delegates; 
Constitution; Nomination; Election; English Bill; Old Ap- 
ortionment; Republican Party; Democratic Party; Attempt 
to Preserve the Free State Party; A Failure; Observation; 
Democratic Organization Perfected; Republican Party Fully 
Organized; Territorial Legislature of 1859 527-538 

CHAPTER XLVIII— 1858-9. 

Troubles in South-eastern Kansas — They Continue; Murder and 
Robbery; Arrest of Marshall; Emifftants; Wbv Slavery Clung 
to Soutb-eantem Kangse; Arrest of Rice; John Browc; His Fort 
Menaced; Free State Deiiiocrats; They Endorse Montgomery; 
Release of Rice; Little Killed and Store Robbed; John Brown 
Liberate.^ Fourteen Slaves; That which Followed; Letter 
from Judge Williams; Amnesty; Flurry at Lawrence 539-548 

CHAPTER XLIX— 1859, 

Various Items — Provisionr. of the First Legislature for Auditing 
Claims; The Commissioner; His Report; Appointment of a 
New Board of Commic<sioners; Their Report; Property De- 
stroyed; Sacrifices of Free b^tate Men; Difficulty About the 
Bonds; Election on the Question of Callina a Constitniional 
Convention; Election of Delegates; Organization of the Con- 
ve!!tion ; Committees; Report of Committee ou Ladies' Peti- 
tion; Votes on the Necro Questions; Northern Boundary; 
Temporary Seat of Government; Homescead; Election on the 
Adoption of the Constitution; Election ot State Officers; 
Census 540-559 

CHAPTER L-1860. 

The Drouth — Legislature Convenes; Adjourns; Convened Again; 
Character and Bytent of the Drouth; Its Effect upon Crops; 
Extended to Other States; People Poorly Prepared for It; 
30,000 Leave; Others Barely Able to Support Themselves; Be- 
nevolent Move of Thadyu^ Hyatt; Operations of the Relief 
Committees; Precipitation and Distribution of Rain in Kansas. 560-569 

CHAPTER LI— 1860-1. 

Various Items — Imprisonment and Rescue of John Doy ; Marshal 
Arns; Fugitive Slave Law; Hanging ofHines; Of Guthrie 
and C. Carlan ; Returned Border Ruffians; Difficulties on the 
Neutral Lands; Settlers Driven Off; New York Indian Lands; 
Last Territorial Legislature; Financial Staiement of the Ter- 
ritory for Each Year; Wyandotte Constitution in Congress; Ad- 
mission of Kansas; Character of the Kansas Struggle 570-578 

Appendix c 579-584 



HISTORY OF KANSAS TERRITORY. 



CHAPTEE I. 

I 

HISTORY OP LOUISIANA. 

As the territory of the State of Kansas is a part of the 
Louisiana purchase, I will first give a succinct account of 
the discovery, exploration and settlement of that province ; 
of the many changes in ownership which it underwent, and 
the final division and organization of its broad domain into 
territories and states to form integral parts in the Ameri- 
can [Jnion. 

Forty-four years after the western shores of the Atlantic 
had been discovered and before any settlements had been 
effected thereon, the first Europeans traversed the valley of 
the Mississippi. Ferdinand De Soto, a man of valor, fame, 
and fortune, headed this expedition. An intimate associate 
of Pizarro in the conquest of Peru, he shared in the im- 
mense ransom of the Inca. Returning to his native land, 
he enjoyed the admiration and honors of Spain. Charles 
Y. appointed him governor of Cuba, and gave him a. grant 
of Florida. His ambition inflamed by the adulations of the 
court, his avarice more craving by the taste ot riches, he 
sought to surpass Cortes in glory and Pizarro in wealth by 
seeking a new field for fame and riches in America. With 
six hundred chosen men he disembarked in 1538 at Tampa 
Bay, in Florida, and began his memorable march through 
the savage wilds of the interior. After two years of wand- 
ering through swamps and brush, over ragged bills and 



si HISTOKY OF KANSAS TEREITORY. 

swollen torrents, harrasi^ed on eveiy hand by enraged sav- 
ages, but with hopes inspired, amid all embarrassments, 
by the ignis fataus of early adventurers — the El Dorado 
of North America — he stood upon the banks of the Missis- 
sippi, the discoverer of the most majestic river in the world. 
Crossing this, where the southern boundary of Tennessee 
touches it, as though it had been a swampd rain, he pressed 
his vain search for the "gold region," westward through 
cane-brakes, marshes and tangled forests, perplexed by the 
murmuriugs of his followers, until he reached the head wa- 
ters of the Arkansas, where Fort Gibson was afterwards 
located, within one hundred miles of the southern boundary 
of Kansas. Looking out upon the broad expanse of prairie 
before him, he saw no prospect of the "land of hope." Dis- 
appointed and disheartened, the little band of adventurers 
returned to the banks of the Mississippi. There, on the wet 
lands of the bottoms, surrounded by weeds and cane-brakes, 
with no one to administer to the S3^mpathies and wants of 
the sick, De Soto died of fever. "Thus perished," says 
Bancroft, "Ferdinand De Soto, the governor of Cuba, the 
successful associate of Pizarro. His miserable end was the 
more observed from the greatness of his former prosperity. 
His soldiers pronounced his eulogy by grieving for his loss ; 
the priests chanted over his body the first requiems that 
were ever heard on the waters of the Mississippi. To con- 
ceal his death, his body was wrapped in a mantle, and, in 
the stillness of midnight, was sunk in the middle of the 
stream. The discoverer of the Mississippi slept beneath its 
waters. He had crossed a large part of the continent in 
search of gold, and found nothing so remarkable as a 
burial place." His followers reduced in numbers to three 
hundred and eleven, after long wanderings, reached a place 
of safety in Mexico. * 

••'Some writers discredit the account of De Soto's journey, but I have followed the 
readings of Bancroft and Schoolcraft. The latter has been over the country west of 
the Mississippi, and finds it to corroborate the description of it in the alleged account 
of De Soto's journey. 



HISTORY OF LOUISIANA. 23 

More than a century elapsed before another European 
visits the Mississippi valley. The French had settled along 
the St. Lawrence, and around the Great Lakes. Mission- 
aries with pious zeal were planting the Cross among the In- 
dians and subduing the barbarians unto Christ by the gen- 
tleness ot Love. The most earnest and successful among 
these was Father Marquette I 

The Indians frequently spoke of a great river at the 
West, flowing south which they called Mississipiyy , as 
Marquette wrote it. It was a matter of debate among the 
French, what course this river pursued to the ocean. Some 
contended that it continued to flow directly south, and 
emptied into the Gulf of Mexico ; others were of the opin- 
ion that it deflected either to the east and discharged itself 
into the Atlantic, or west, and poured its waters into the 
Gulf of California. 

To settle this diflicult question and carry the Gospel to 
the heathen. Father Marquette determined to make a tour 
of exploration. Encouraged by the governor of Canada, 
who gave him M. Joliet as a companion, and five other 
Frenchmen, he embarked on the 13th of May, 1673, in two 
bark canoes at Michilimackinac. Reaching Green Bay, the 
solicitous aborigines besought him with tears to abandon 
so hazardous an undertaking, portraying to him the fright- 
ful dangers of the Meschasebe ( Mississippi.) " I thanked 
them for their good advice," says Marquette, " but I told 
them I could not follow it, since the salvation of souls was 
at stake, for which I would be overjoyed to give my life." 
Ascending Fox River and crossing the portage, they gave 
themselves to the current of the Wisconsin, and were soon 
carried into the waters of the Mississippi. 

Borne upon this mighty stream, they continued to de- 
scend, occasionally halting at Indian villages, smoking the 
calumet of peace and narrating the story of the Cross, until 
they reached the mouth of the Arkansas. Here, satisfied 
that the Mississippi continues its course to the Gulf of 



24 HISTORY OF KANSAS TEERITOEY. 

Mexico, and their provisions well nigli exhausted, they re- 
solved to return. 

Father Marquette was the first to observe the muddy 
waters of the Pekefanoni, as he called the Missouri. He re- 
presents it as being a very large river, flowing from the 
north-west, " on which are prodigous nations who use 
wooden canoes."* From the Indians he gathered the idea 
that by following this river to its head waters, and crossing 
a narrow portage, another stream might be found, flowing 
down through a large lake to the " Red Sea," or Gulf of 
California. In the map accompanying his journal he lays 
down the general course of the Missouri for one hundred 
miles pretty accurately. 

The account of La Hontan's travels through the AVest, 
which he dates Feb. 28, 1689, would give him the honor of 
being the discoverer and explorer of the Missouri, were it 
entitled to credibility. But it contains so many palpable 
contradictions and errors that historians refuse to acknowl- 
edge its claims. 

The next explorer of the Mississippi was the celebrated 
lloBERT De La Salle. Though of noble family, on being- 
educated a Jesuit, he lost his patrimony. Obtaining an hon- 
orable discharge from this order, he came to Canada in 1667 
a penniless, yet ambitious adventurer. "While the single 
hearted Marquette was floating upon the western waters, he 
was engaged in the fur tratiic, revolving plans for future 
achievements. To discover a short route to China across 
the western continent was his favorite scheme. When he 
learned Marquette's discoveries, he conceived the design for 
the future greatness of France and his own glory of coloniz- 
ing the valley of the Mississippi and connecting Canada and 
the Gulf of Mexico by a chain of fortifications, AYhat a 
mighty undertaking for a poor, unknown wanderer! But 
this idea that sprung from the warm and fertile brain of 
La Salle ultimately electrified all France. He lays his plans 

'Among them were the "Kangns." 



HISTORY OF LOUISIANA. 25 

before the Governor of Canada who recommends him to the 
favor of the King. Repairing to the courts of France, he 
obtains the sanction and encouragement of his sovereign. 
He returns to Canada and applies himself, like an enthusi- 
ast and a philosopher, a skilful financier and an importunate 
mumper, to the prosecution of his plans. He raises money 
without security, builds a ship sixty tons burthen, and 
crosses the waters of Lake Michigan to Green Bay. Re- 
turning his barge, laden with furs, to Niagara for the benefit 
of his creditors, he with others coasts the lake in canoes to the 
mouth of St. Joseph River where he erects a fort. Ascending 
this stream he crosses the portage and glides down the Kan- 
kakee into the Illinois. He descends with the current of this 
smooth flowing river as far as Peoria and erects another 
fort. His. means are now exhausted and he is compelled to 
return, while Henepin, his associate, sets out in a north- 
west direction and explores the Mississippi for some distance 
above the mouth of the Wisconsin. 

On the 4th of January, 1682, La Salle enters upon his sec- 
ond expedition. Descending the river Chicago, across the 
portage, down the Illinois, by the 6th of February he 
glides upon the watei's of the Mississippi ; ^aelding to its 
swift current, occasionally halting to smoke the calumet 
with the natives, and erecting Fort Prudhomme, on Chic- 
asaw Blufts, in three months he explores it to its mouth. 
Here, with due solemnity and in a formal manner, he takes 
possession of the country, by the name of Louisiana, in be- 
half of the King of France. Erecting a column with a 
cross, he has inscribed upon it Louis the Great^ Kinrj of 
Frcmce and Navarre, rcir/ns the 9th of April, 1682. He now 
resolves to return to Canada, collect a number of emigrants, 
convey them down the Mississippi and plant a colony at its 
mouth. His journey back was long delayed by illness, and 
this plan was never executed. He determines to accomjilisli 
his object in a dilierent way. Placing his faithful associate 
Tonty, in command of Fort St. Louis at Peoria, which by 



26 HISTOEY OF KANSAS TEERITORY. 

this time was completed, on the 13th of December, 1683, he 
repairs to France. In 1684, with four vessels and two hun- 
dred and eighty-four emigrants, he sets sail from the shores 
of his native land for the Gulf of Mexico. Early in the fol- 
lowing year, he reaches his point of destination. After 
vainly searching for the months of the Mississippi, he an- 
chors his vessels in the Bay of Matagorda and disembarks 
his little colony upon the sandy shore. But here he experi- 
ences sad disasters. One by one, he loses all his vessels by 
shipwreck and desertion. After making scanty provisions 
for his colon}'-, he explores the country. He searches for the 
mouths of the Mississippi and for his lost ship. Belle, but 
with ill success. He now pursues in ecstacy golden visions 
for the mines of St. Barbe, but in a few months, he returns 
in rags and sadness to his dejected colony— diminished by 
fatal fevers and savage massacres. Cut off from France by 
the loss of his ships, misfortune constantly attending him, 
he resolves to seek assistance in Canada. Having made ar- 
rangements for his colony during his absence, he sets out 
for the northern lakes with a company of twenty men. He 
had not proceeded far when a mutiny sprang up among his 
tollowers, and lie was the victim of assassination. His little 
colony which had cost him so much labor, solicitude and 
misfortune, was soon visited b}^ the Spaniards and all of its 
members killed, save five, who were spared on account of 
their youth, and a few men who escaped to the woods and 
were never heard of more. 

During the next five years, France is too much engaged 
in war to turn her attention to her distant possessions. Af- 
ter the peace of ilyswick, another colony was sent out un- 
der her auspices. Early in 1699, Lemoine De Iberville, a 
distinguished Canadian oflicer, established a little settlement 
near the Bay of Baloxi. While exploring one of the 
mouths of the Mississippi lie obtained Tonty's letter to La 
Salle from the wandering savages. It will be recollected 
that this was the individual whom La Salle had left in 



HISTORY OP LOUISIANA. 27 

charge of Fort St. Louis on his going to France the last 
time. Tonty supposing that La Salle had returned with his 
intended colony to the mouth of the Mississippi, had de- 
scended, to visit him. But not being able to find him, Tonty 
had left this letter in the hands of the natives who had 
carefully preserved it for thirteen years. 

The little daughter of France, thus cast upon the burning- 
sands of the Mexican Gulf, struggled through a miserable 
infancy. The men, many of whom were of a reckless char- 
acter, instead of pursuing the slow, but sure way of acquir- 
ing a subsistence, wealth and independence, by opening 
farms and tilling the fertile soil and raising stock, spent 
their time in roving over the countrj^ in search of game 
and gold mines. Whenever game failed, or supplies from 
France, the colony was in a suffering condition. 

Li 1712, France being plunged again in war was unable 
to lend assistance to her " infant child " across the waters. 
For the benefit of the colony, she sells the monopoly of Lou- 
isiana to Crozat, a merchant prince, who hoped by discov- 
ering and working mines, and by opening a traflic with 
^lexico, to make a wonderful speculation. But in this 
he was doomed to disappointment. In 1717, having lost 
his fortune — though he had labored more for his own ag- 
grandizement than the good of the colony — he surrenders 
his privileges. 

But other speculators were not intimidated by the failure 
of Crozat. Louisiana passed the same year into the hands 
of the western company. This corporation had absolute 
sovereignty over Louisiana, except homage and fealty to 
the King of France. The association was headed by 
John Law, a notorious gambler and swindler, and was 
organized just on the eve of his financial glory with a 
charter for twenty-seven years. 



28 HISTORY OF KANSAS TERRITOKY. 



CHAPTER II. 

HISTORY OF LOUISIANA CONTINUED — 1541-1854. 

The company began their work by laboring to increase 
the settlement of Louisiana. A wonderful interest was 
awakened in France by artfully circulating reports of the 
<:old and silver mines in the Mississippi valley. The stock 
of the company was soon in great demand. A company of 
eight hundred emigrants is shipped over and the city of 
'New Orleans is laid out. G-reat expectations are awakened 
both in France and Louisiana of the future greatness and 
grandeur of the province, and for the first time the pulsa- 
tions of life begin to throb vigorously in the little colony. 

But the prosperity was not real. It was awakened by the 
financial flush, springing from the erroneous and ephemeral 
money theory of John Law. The financial gloom having 
spread over France, it extends to the colony, and the 
bright prospect vanishes. Louisiana is in but little better 
condition than when she passed into" the hands of the com- 
pany. The members of the company held their charter un- 
til 1733, when, wearied with their burden, surrendered it. 

Though the company did not accomplish for the colony 
all that it and others expected, still it is entitled to credit 
for what it did. I'nder its auspices the colony had been 
increased to 5,000 white and 2,000 black, inhabitants — the 
latter having been shipped from Africa and sold for one 
hundred and seventy-six dollars apiece on three years 
credit. The vast territory had been divided into nine dis- 



HISTORY OF I^OUISIAXA. 21> 

( ricts and settlements ; factories aud store-houses had been 
estabUshed in each ; the attention of the colonists had been 
drawn from the unprofitable search for gold, to the impor- 
tance of agriculture; the culture of rice, indigo and tobacco 
had been introduced, and figs and oranges were growing in 
hixuriant abundance; communication and commerce had 
been opened with the Indies and Canada; in short, the col- 
ony had been brought into a condition of self support. 

On the reversion of Louisiana to the King, he began the 
chastisement of the Indians, who had been instigated to 
deeds of violence by the English and Spaniards. One pow- 
erful tribe, the X^tches, was utterly annihilated, and the 
Chicasaws severely punished. 

The territory claimed by the French under the name of 
Louisiana was immense. Beginning to the east, midway 
between Pensacola and Mobile, the boundary ran north to 
the head waters of the Ohio. Ev^ery rivulet whose waters 
ran to the Mississippi was claimed by tlio French. " Half 
a mile,'' says Bancroft, " from the head of the southern 
branch of the Savannah River is a spring, which flows to 
the Mississippi ; strangers who drank of it would say that 
they had tasted of French ^vaters." Beginning at the 
soutli-west on the Rio del Norte and ascendincc on a line of 
the ridge that divides it from the Red River, the boundary 
extended along this ridge to the Gulf of California. On the 
north-west, the boundary line between the Hudson Bay 
Company was not fixed. On the north-east it was bounded 
by Canada. 

It must not be supposed that while the French were thus 
exploring, taking possession of, and settling so vast a coun- 
try, that the Spaniards and English were wholly ignorant of, 
or indifferent to, their operations. Both nations had watched 
the P rench with a jealous eye and envied their success. 
The Spaniards had at one time destroyed a settlement at 
the Isle of Dauphine and frequently harassed the colon- 
ists. From the discovery of the continent, England had 



30 HISTORY 'OF KANSAS TERRITORY. 

cUiimed all territory from sea to sea. lu 1684 and 1726 she 
bad purchased all the land laying north-west of the Ohi(j 
from the Six IS'ations, who claimed to hold it. As early as 
1724 English settlers were found along the Ohio River. — 
Upon these grounds England based a claim to this countiy, 
and the Governor of Virginia had repeatedly called the 
attention of the legislators to the importance of protecting 
their claim against the encroachments of the French. 

It was not until 1748 that anything Avas done by the 
English to openly assert their right to the territory. It was 
then resolved that the most effectual way to secure their 
possessions was to settle them. The Qhio company was 
organized with a grant of a half a million acres of land and 
several other companies of a similar nature were formed. 
These sent out emigrants, established settlements, opened 
farms, built store-houses and began a traffic with the Indians^ 

The Governor of Canada learning the movements of the 
British, caused inscriptions to be made upon plates of lead, 
setting forth the fact that the territory belonged to Prance, 
and had them placed on stakes in different parts of the dis- 
puted possessions. T3ut this eftbrt to stay the encroachment 
of the English proving futile, an irregular warfare was be- 
gun between the French settlers and their allies — the Indi- 
ans — on the one side, and the English settlers on the other, 
until finallj^ one neighborhood of the latter was utterly de- 
stroyed. 

Meanwhile the Governor of Canada constructs military 
roads and forts in different parts of the territory. The ex- 
ecutive of Virginia learning of the sad destruction of an 
English settlement on the banks of the Ohio by the French 
and their other warlike demonstrations, despatched a mes- 
senger ( Geo. Washington ) to the commander of one of 
the French forts to in([uire what business he had upon his 
Majesty's domains and require his removal from the terri- 
tory. This messenger having met with a decided refusal 
by^the French General to comply with these requisitions, 



HISTORY OF LOUISIANA. 31 

an open rupture soon took place between the two nations. 
The war which followed — commonly known as the French 
war— I have not space to treat of in detail. It lasted for 
nine years, first in America, then in Europe, and was ter- 
minated, in 1763, by the treaty of Paris. 

This treaty ceded from France to England Canada, 
Nova Scotia and the Island of Cape Breton, with their de- 
pendencies ; fixed the boundary between the dominions of 
the two nations by a line drawn along the middle of the 
river Mississippi from its source to the river Iberville, and 
from thence by a line drawn along the middle of this river 
and the lakes ^laurepas and Ponchartrain, to the sea, and 
withdrew all claim on tlie part of France to any territory 
east of the Mississippi. The vast territory, thus acquired 
by England west of the Alleghanies, was divided out among 
the colonies along the Atlantic coasts and held by them 
by charters from their mother country until after their in- 
(k'pendence. 

Spain, who had stood aloof from the conflict of the two 
nations until she had seen the vast territory in America 
wrested from France, alarmed at the increasing greatness 
of Britain and tlie danger of losing her own possessions 
across the Atlantic, in 1762, determined to make common 
cause with France, and declared war against England. But 
by this step she sufifered what she sought to avert ; for be- 
fore another year had passed, she, with France, was com- 
pelled to treat for peace by relinquishing Florida in favor 
of England. 

But France undervaluing her remnant of Louisiana, ceded 
it, in 1764, to Spain as a compensation for her loss of Florida. 
Thus the vast and fertile territory included in Canada and 
Louisiana, which had awakened dazzling hopes in France 
by the greatness of its prospects, and which had cost her so 
much solicitude, expense and misfortune, was swept from 
her by the fortune of war. 

This cession of Louisiana to Spain was not made known 



32 HISTORY OF KANSAS TERRITORY. 

to the inhabitants for a time ; but wlien the rumor reached 
them, it awakened a general dissatisfaction among the col- 
onists ; for they were intensely French, and nothing could 
be more odious to them than Spanish rule. When Spain 
did take possession of Louisiana, it was in such a way as to 
exasperate the excited inhabitants, and the policy she pur- 
sued, was one not calculated to win their affection. It was 
years before the machinery of government was fully estab- 
lished and worked witli smoothness. 

In 1776, the thirteen colonies east of the AUeghanies de- 
clared their separation from England, and by a long and 
hard struggle maintained it. After the establishment of 
the general government, they ceded their respective claims 
to territory in the west, to the sovereignty of the United 
States. This broad expanse of country lying between the 
Alleghany mountains and the Mississippi river, once a part 
of Louisiana, was divided up into districts by Congress, 
which were organized under territorial government, and, in 
a constitutional way, successively admitted into the Union 
as states Avith the names they now bear. 

In this great American revolution, which resulted in the 
independence of the English colonies, Spain employed 
about the same tactics as in the former war, but with better 
success. France had repeatedly solicited her to join the 
cause of the colonies against Britain, but fearing the effects 
of their independence upon her adjoining possessions, she 
observed a strict neutrality, hoping to be able to accomp- 
lish more by diplomacy than by a resort to arms. She of- 
fered herself as a mediator between the belligerent powers, 
to which France acceded, but England peremptorily refused 
to acknowledge the independence of her subjects across the 
ocean, whereupon Spain joined (1779 ) heartily in the strife, 
doing much mischief to Engalnd by her maritime strength. 
The colony of Louisiana, rejoicing at the opportunity of re- 
venging her suffering during the last war, raised fourteen 
thousand men, under the command of Galvez, and took 



HISTORY OF LOUISIANA. 3o 

possession of the East and the West Floriclas. By the treaty 
of peace which England was compelled to make this time, 
uU the territory east of the Mississippi, below the thirty- 
first degree of latitude, was ceded to Spain. 

The treaty between the United States and Spain in, 1795, con- 
ceded to the former the free navigation of the Mississippi, the 
right of deposit at New Orleans, and fixed the boundary of the 
two dominions east of the Mississippi on the thirty-first degree 
of north latitude, deviating slightly from it towards the Atlantic. 

From 1793 to 1797 efforts were made by the agents of France 
and Spain to prevail upon the people of the south-western territory 
to separate from the United States, and, Avith Louisiana in con- 
nection with these two powers, form an independent government 
west of the Alleghany mountains. Genet, the JNIinister of the 
French Republic, first fermented the idea, and even went so fiir 
as to enlist the sympathies and co-operation of the western peo- 
ple. But his government discovering his acts and recalling him, 
the United States establishing a strong military force in the 
West, squelched the movement. Garondolet, the governor of 
Louisiana, sought to attain the same object. He refused to give 
up certain posts that fell to the United States by the treaty, and 
embarrassed the navigation of the Mississippi. He sent secret 
agents into Ohio and Kentucky and sought to bril)e over com- 
manders of military posts to his interests ; but finding them in- 
corruptible, his project failed. 

Therefore, when the United States ascertained through her 
Minister at Paris, Mr. Livingston, that the whole of Louisiana 
had been re-troceded to France by the secret treaty of Ildefonso 
(1800), as might be expected, was greatly alarmed. While 
impotent Spain had held dominion there, she had experienced 
great danger ; still more was she imperilled when ambitious and 
powerftd France established herself in so strong and commanding 
position. 

The sagacious Jefferson, then President, comprehending the peril 
of his country's situation, like a wise and skillful statesman, by 
one of the most celebrated and strategic strokes of American di- 



34 HISTORY or KANSAS TEERITORY. 

plomacy, steered the ship of State free of danger. Though the 
future seemed lowering, the present he augured propitious. — 
France suffering from a long and disastrous war with England 
and an impoverished treasury, was i)i no condition to resist a 
determined overture from the United States for the possession of 
Louisiana. Jefferson, accordingly, dispatched instructions to the 
United States Minister at Paris, to represent to the First Consul 
that the occupation of New Orleans by France would endanger 
the friendly relations between the two nations, and, perhaps, 
even oblige the United States to make common cause with Eng- 
land; as the possession of this city by the former, by giving her 
the command of the Mississippi, the only outlet to the produce 
of the Western States, and also the Gulf of Mexico, so import- 
ant to American commerce, would render it almost certain that 
the conflicting interests of the two nations would lead to an open 
rupture. ]\'Ir. Livingston, the Minister, was instructed to nego- 
tiate not only for the free navigation of the Mississippi, but for 
the acquisition of New Orleans and the territory itself 

Bonaparte, on receiving these representations from the Minis- 
ter of the United States, summoned a conference with two of his 
ministers who had resided in Louisiana, and opened it with these 
words : " I am fully sensible of the value of Louisiana, and it 
is my wish to repair the error of the French diplomatists, who 
abandoned it in 1763. I have scarcely recovered it, before I run 
tlic risk of losing it; but, if I am obliged to give it up, it shall 
hereafter cost more to those who force me to part with it, than to 
those to whom I yield it. The English have despoiled France of 
all her northern possessions, and now they covet those of the 
south. I am determined that they shall not have the INIissis- 
sippi. Although Louisiana is but a trifle compared with their 
vast possessions in other parts of the globe, yet, judging from 
the vexation which they have manifested on seeing it return 
to the power of France, I am certain that their first object will 
be to gain possession of it. They will probably commence war 
in that quarter. They have twenty vessels in the Gulf of Mex- 
ico, and aflairs in St. Domingo are daily getting worse since the 



HISTORY OF LOUISIANA. 35 

death of Le Clerc. The conquest of Louisiana might be easilv 
niade, and I have not a moment to lose in putting it out of their 
reach. I am not sure but that they have ah-eady begun the at- 
tack upon it. Such a measure would be in accordance A\'itli 
their habits, and in their place, I should not wait. I am in- 
clined in order to deprive them of all prospects of ever possess- 
ing it, to cede it to the United States. Indeed, I cannot say 
I cede it, for I hardly possess it ; and if I wait but a short time, 
my enemies will leave me nothing but an empty title to grant to 
the republic I wish to conciliate. They only ask for the city of 
Louisiana, but I consider the whole colony lost; and I believ(> 
in the hands of this rising power, it will be more useful to the 
political, and even the commercial interest of France, than if I 
should attempt to retain it." 

After inquiring from both for their opinions on the subject and 
debating the matter for a long time, he dismissed the conference 
without making known his determination. On the following 
day, calling his chief minister, he said : " The season for deliber- 
ation is over ; I have determined to renounce not only New Or- 
leans, but the whole colony. '^ '•' '■' I commission you, 
therefore, to negotiate this aifair Avith the envoys of the United 
States. Do not wait for the arrival of Mr. Monroe ; but go this 
very day and confer >vith Mr. Livingston. Remember, how- 
ever, I want ample funds for carrying on the war, and I do not 
Avant to commence it by IcA'ying new^ taxes. For the last century 
France and Spain have incurred great expenses in the improve- 
ment of Louisiana, for which her trade has never indemnified 
us. Large sums have been advanced to different companies 
Avliich have never returned to the treasury. It is fair that I 
should require payment for these. Were I to regulate my de- 
mands by the importance of this territory to the United States, 
they would be unbounded ; but, being obliged to part with it, I 
shall be moderate in my terms. Still remember, I must have fifty 
millions of francs and will not consent to take less. I would 
rather make some desperate effort to preserve this fine country." 

After some considerable correspondence between the ministers 



36 HISTORY OF KANSAS TERRITORY. 

of the two republics, and quibbling about the price, the purchase 
was effected by the United States for sixteen million dollars, 
four millions of which was to be paid to American merchants to 
indemnify them for losses from French privateers. The treaty 
was signed on the 3d of May, 1803, and ratified by Congress on 
the twentieth of the following October ; the most essential pro- 
visions of which, bearing upon our subject, are here inscribed : 

"Article 1. — A\' hereas, by the article the third of the 
treaty concluded at St. Ildefonso, the 9th Vendimiaire, an 9, 
(October 1, 1800,) between the First Consul of the French Re- 
public and his Catholic Majesty, it is agreed as follows: His 
Catholic Majesty promises and engages on his part to retrocede 
to the French republic, six months after the full and entire 
execution of the conditions and stipulations herein to his royal 
highness, the Duke of Parma, the colony or ]>rovince of Louisi- 
ana, with the same extent it now has in tlie hands of Spain, and 
that it had when France possessed it, and such as it should be 
after the treaties entered into between Spain and other States; 
And, Whereas, in pursuance of the treaty, and especially the 
third article, the French Republic has an incontestable title to 
the domain and possession of said territory : The First Consul 
of the French Republic, desiring to give to the United States a 
strong proof of his friendship, doth hereby cede to the United 
States, in the name of the French Republic, forever, and in full 
sovereignty, the said territory and all its appurtenances, as full}' 
and in the same manner as they have been acquired by the 
French Republic, in virtue of the above mentioned treaty con- 
cluded with his Catholic Majesty. 

"Article 3. The inhabitants of the ceded territory shall 
be incorporated into the Union of the United States, and ad- 
mitted, as soon as possible, to all the rights, advantages and 
immunities of the citizens of the United States; and, in the 
meantime, they shall be maintained and protected in the free 
enjoyment of their liberty, property, and the religion which 
they prefer." 

Immediatel}' after the accession of Louisiana, the President 
dispatched Generals AVilkinson and Claiborne to take posses- 
sion of it in behalf of the United States. On their arrival at 



HISTORY OF LOUISIANA. ^7 

New|Orleans the star-spangled banner supplanted the (ivi-eolored 
Hag of France. By an act of Congress the same year, it -was di- 
vided into two unequal parts: the one extending from the 
tiiirty-third degree of latitude to the Gulf of Mexico, under the 
name of the Territory of Orleans; the other embraced the re- 
maining jiortion of the cession, and was called the District of 
Louisiana, 

The following year the Territory of Orleans passed under tlie 
second grade of government. In those days there were two 
distinct conditions Avhich organized territory could occupy. In 
the first they were governed by a governor, judges and secretary, 
appointed by the President ; in the second, besides these officers, 
they had a council appointed by the President and Senate of the 
United States, and a House of lle})rcsentatives, chosen and 
elected by the people. In 1811 the Territory of Orleans having 
complied with the necessary requisitions, was constituted a State 
in the Federal Union, under tlie name of Louisiana. The Ter- 
ritory of Louisiana was under the jurisdiction of the Governor 
;uid judges of Indiana Territory the first year, but in 1805 was 
admitted to the first grade of government; in 1811 to the sec- 
ond, under the name of Missouri, and in 1820 it was made one 
of the United States of America. 

The narrow skirt of coast along the Gulf of Mexico, below the 
thirty-first degree of latitude, was ceded to the United States by 
Spain in 1818, and was annexed to the States immediately 
above it. 

The territories of Texas, Arkansas, Iowa and Minnesota were 
in turn next organized, formed, and, in the usual way, admitted 
to the dignity, rights and privileges of independent States. 

In 1854, by an act of Congress, the territories of Kansas and 
Nebraska were organized, a detailed account of which I \\ill 
give in a subsequent chapter. Before I enter upon this branch 
of my subject, I desire to disclose the gathering of the storm 
that burst upon the virgin soil of Kansas ; but Avhich, by dis- 
creet council, strong arms and brave hearts, -was turned back to 
vent its fury on the nation. 



38 HISTORY OF KANSAS TERRITORY. 



CHAPTER III. 

INTRODUCTION AND ESTABLISHMENT OF AFRICAN SLAVERY IN 
THE UNITED STATES AGAINST THE AVISHES OF THE PEOPLE. 

African slavery has always met Avitli a spirited, yet coinpro- 
misinii opposition from the American people. From the time it 
first began to attract attention in the English colonies, the earn- 
est prayer and efforts of the inhabitants have been to prevent 
its extension, and provide for its ultimate extinction. But tlu' 
history of this foul institution will show that whenever by its 
growth the bonds of legislation have become too tight, it has 
broken them; that whenever the pati'iotic and freedom-loving 
peo])le of this eountrv have met its advance with a determined 
resistance, it has, by menacing the existence of the General Gov- 
ernment, or brandishing aloft the sword of disunion, compelled 
them in order to avert the threatened danger, to acquiesce in its 
demands ; that thus it ruled the founders of our Republic and 
the Congress of the United States, until it challenged a contest 
with Freedom at the ballot-box in the distant field of Kansas ; 
that here, discarding its chosen Aveapon, and trampling imder 
foot the sanctity of the ballot-box — the palladium of American 
liberty — it sought to attain its ends by its usual tactics, — intimi- 
dation, force and fraud ; that here. Freedom, driven to the very 
door of her temple, comprehending the real character of the mon- 
ster with which she had to grapple, fought with the valor and 
prowess of an angel, combatting Satan and his demons in their 
approach upon the battlements of Heaven ; that, its loathsome 
and blighting presence driven back from the sacred soil of Kan- 
sas, smarting from defeat, with its ungovernable spirit enraged by 



SLAVERY. ;39 

o]^position, it attacked the lii'e of the beneficent govcrmnent 
which had fostered its growth through forbearance, and perished 
iVom the sword of its own drawing. 

Tlie odious distinction of establishing negro slavery in 
the thirteen colonies belongs to England. Although the 
Dutch were the first to engage in transporting Africans to 
the colonies, yet, under their commerce alone, it languished, 
and slavery thus introduced could easily have been re- 
moved by the benevolent spirit, of colonial legislation. It 
was not until after the treaty of Utrecht, under English 
monopoly, that the slave trade with the colonies acquired 
its importance. By the decisions of her chief counsellors, 
York and Talbot, England legalized it; by her sovereignty 
the American ports were tlirown open to the slave trade, 
and the prohibitions of the colonies against such importa- 
tion annulled; by her Queens and Lords, the business Avaw 
carried on and profits shared ; by her ministers, a cloak of 
religion was throwni around its foulness, and they called it 
a mode to evangelize the heathen ; by her merchants it 
was declared that "negro labor will keep our colonies in 
due subserviency to their mother country; for while our 
plantations depend only on planting by the negro, our col- 
onies can never prove injurious to British manufactories, 
never become independent of their kingdom." In 1702 
Queen Anne instructed the governor of New York and 
New^ Jersey to "give due encouragement to slave merchants, 
a,nd in particular to the royal African Company of Eng- 
land." In 1775 the Earl of Dartmouth declares "we can not 
allow the colonies to check, or discourage in any degi-ee, a 
tratfic so beneficial to the nation." Prior to 1740 England 
had introduced into the colonies about one hundred and 
tliirty thousand blacks ; by 1776 it had increased to three 
lunidred thousand. The population of negro slaves 
among the thirteen colonies in 1754 stood as follows: Xew 
llampsliire, Massachusetts and Maine, 3,000; Rhode Island, 
4,500; Connecticut 3,500; New York 11.000: New Jersey 



40 HISTOR'Y OF KANSAS TERRITORY. 

5,500; Pennsylvania and Delaware 11,000 ; Maryland 4,400 ; 
Virginia 116,000 ; Nortli Carolina 20,000 ; South Carolina 
40,000 ; Georgia 2,000. Between 1754 and 1776 these 
numbers must have been greatly aiigmented, as that was 
the most flourishing time for slave merchants. We have no 
means of ascertaining what number there was at the time 
the colonies declared their independence ; but by the census 
taken in 1790 the population of slaves was returned as 
follows; New Hampshire 158; Rhode Island 952; Con- 
necticut 2,759 ; Massachusetts emancipated hers in 1780 ; 
New York 21,324 ; New Jersey 11,423 ; Pennsylvania 
3,737 ; Delaware 8,887 ; Maryland 103,036 ; Virginia 293,- 
427 ; North Carolina 100,572 ; South Carolina 107,094 ; 
Georgia 29,264. It must be borne in mind that many had 
been emancipated by the northern States during and after 
the Revolution, and others had been taken into new States 
and Territories. 

Thus did England plant " the great evil of Slavery " in 
the constitution of her colonies ; and that in many cases 
against their earnest and filial remonstrance, Massachu- 
setts always opposed the introduction of slaves from abroad, 
and in 1701 instructed her representatives " to put a period 
to negroes being slaves." But the Earl of Dartmouth inter- 
poses his edict, " we cannot allow the colonies to check, or 
discourage, in any degree, a traffic so beneficial to the na- 
tion." In 1645 two reputable townsmen of Boston, " sailed 
for Guinea to trade for negroes." But when it is noised 
abroad, public sentiment pronounces them malefactors and 
murderers, and a worthy magistrate denounces their act as 
contrary to the law of God and the law of the country, 
"and committed the guilty men for the ofiense." After ad- 
vice with the elders and representatives of the people 
"bearing witness against the heinous crime of man-stealing," 
ordered the negroes to be restored at the public charge 
"to their native country, with a letter expressing the indig- 
nation of the court" at their wrongs. But Queen Anne ad- 
monishes the governor "to give due encouragement to 



SLAVERY. 41 

slave mereliants." In Virginia slavery built up a landed 
aristocracy who loved " the institution." But such was 
the spirit of popular Hbcrt}^ that it demands of the legisla- 
ture to suppress the importation of slaves. The legislature 
yielding to some extent to the voice of its constituency lev- 
ies a tax on each negro imported, but the Governor soon 
announces that " the interfering interests of the African 
company has obtained a repeal of that law." Whereupon 
a statesman of Virginia, despairing of success, declares that 
" the British government of Virginia constantly checks the 
attempts of Virginia to put a stop to the infernal traffic." 
In Georgia from the very first the colonists prohibited the 
introduction ot slaves by law. James Oglethorpe writes, 
" my friends and I settled the colony of Georgia, and by 
charter were established trustees. We determined not to 
suiFer slavery there ; but the slave merchants and their ad- 
herents not only occasioned us much trouble, but at last 
got the government to sanction them." In New York the 
Dutch offered to furnish slaves to the colonists, but the 
rigor of the climate more than the humanity of the people, 
prevented the rapid growth of slavery there. But notwith- 
standing the obstacles which the climate interposed, the 
governor is instructed by royal authority to encourage the 
importation of negroes. In 1712 Pennsylvania circulates 
a general petition for the gradual emancipation of slaves by 
law. In the 'New England States laws were framed pro- 
hibitmg the holding of negroes as slaves. Every man own- 
ing slaves was required after ten years to emancipate them ; 
and every one failing to comply with this regulation was 
lined twice the value of each slave thus held. Although 
this law was not strictly enforced, still it shows the feeling 
of the colony relative to slavery. Even South Carohna, 
where slavery is coevaf'^with the settlement on Ashley 
River, and where it was foimd to be " v'ery profitable," 
complains in 1727 of " the vast importation of slaves," and 



42 HISTORY OP KANSAS TERRITORY. 

when she seeks to apply a restriction, slie is met by a re- 
buke from the Enghsh ministry. 

The immortal Declaration of Independence contains a 
clear and familiar expression of the sentiments of the col- 
onists upon the natural rights of men at that time. That 
" all men are created equal, with certain inalienable rights " 
was no new conception of Jefferson ; it was the embodi- 
ment of the deeply rooted convictions of the iVmerican 
people ; an idea that had been fully discussed in their con- 
ventions. Even Georgia had, just the year previous, re- 
solved in the Darien committee, " at all times to use our 
utmost eifbrts for the manumission of our slaves in this 
colony upon the most safe and equitable footing for the 
masters and themselves." The clause in the original draft 
of the Declaration indicting George III, as the patron and 
upholder of the African slave trade, which was stricken 
f>ut to satisfy South Carolina and Georgia, whose people 
had found slavery "profitable," expresses clearly the feel- 
ings of the majority of the colonists in regard to this lior- 
rible traffic in human flesh. It reads as follows: 

"Determined to keep open a market where men should 
be bought and sold, he has prostituted his negative for every 
legislative attempt to prohibit, or restrain this execrable 
commerce. And that this assemblage of horrors might 
want no fact of distinguished dye, he is now cxcitino- those 
vciy people to rise in arms against us, and purchase that 
libert}' of w^hich he has deprived them, b}^ murdering the 
people on whom he also obtruded them; thus paying oil* 
former crimes committed against the liberties of one people, 
with which he urges them to commit against the lives of 
another." 

The first Continental Congress in which the colonists en- 
joyed, for the first time, an unrestrained legislation, in ac- 
cordance with the long expressed wish of the country, 
resolved "that no slaves be imported into any of the tliir- 
teen united colonies." 



SLAVERY. 43 

After the Revolution was over, the colonies havinix 
achieved their independence, the vast lands lyins: between 
the Alleghanies and Mississippi were lield by certain mem- 
bers of the Confederacy. As the charters by which these 
lands were held coutiicted ; the whole having been won by 
the common valor of all the colonies; it was agreed, to 
avoid disputes and settle the matter upon equitable princi- 
ples, that the colonies, thus holding lands, should cede their 
right over to the General Government. Accordingly in 
1784 Mr. Jeiferson reported " An Ordinance for the gov- 
ernment 'of the territory ceded already, or to be ceded, by 
individual States to the United States ; specifying that such 
territory extends from the 31st to the 47th degree of lati- 
tude, so as to include what now constitutes the States of 
Tennessee, Alabama and^Mississippi ;" the fifth article of 
which ordinance declares "that after the year 1800 of the 
Christian era, there shall be neither slavery nor'in voluntary 
servitude in any of the said States " — that is States formed 
from the said territory. The southern members generally 
voted against this bill, but it came so near being the funda- 
mental law of the land, thus restricting slavery forever 
where the mother country had planted it, that it only 
lacked one vote, occasioned by the absence of a member 
Irom IS^ew Jersey. 

In 1787 the last Continental Congress passed a law pro- 
hibiting slavery in the territory north-west of the Ohio 
River which Virginia had ceded to the United States, and 
to which other States had relinquished their claims. The 
prohibition reads as follows : 

" There shall be neither slavery, nor involuntary servi- 
tude in the said territory, otherwise than in punishment 
of crime, whereof the parties shall be duly convicted." 

In the constitutional convention that framed the govern- 
ment under which which we now live, the triumph of 



44 HISTORY OF KANSAS TERRITORY. 

slaverv over the prevailing Bentiment of the American peo- 
ple by the same tactics which is successfully employed for 
the next t^eveuty years, is, for the first time, witnessed. 
Although our fathers were unable to abolish slavery at 
once, so great was the magnitude to which it had attained, 
and so deeply had it rooted itself in the interest of some of 
the southern colonies, still they expected that the northern 
states would continue to emancipate their slaves as some of 
them already had done, and by a prudential legislation 
to restrict slavery in the southern states, so that for the 
want of territory it would ultimately become extinct. But 
after the constitution had Ijeen framed, with an utter si- 
lence in regard to slavery, except a clause which contained 
an article against an immediate and absolute prohibition to 
importing negro slaves, the representatives of Georgia 
and South Carolina came forward and declared " that their 
constituents can never accede to a constitution containing 
such an article ; "''^ that if such a clause is retained they 
miffht regard these two states out of the Union. To obvi- 
ate the objections of these two factious colonies, a compro- 
mise was effected, extending the slave trade franchise twenty 
years, with the implication that at the expiration of that 
time Congress might prohibit it. Encouraged by the suc- 
cess of their demand, they now make an humble request 
on the x)lea of equity, for the rendition of fugitive slaves 
from one state to another, as a kind of sugar-coat to the 
constitution for the tender stomachs of the southern colo- 
nies. The horror of slave-catching was not then realized 
by the northern states, the most of whom owned slaves, 

* The Afrieai^ trade in slaves had long been odious to most of the states, and the 
importation of slaves into them had been prohibited. Particular stales, however, con- 
tinued the importation and were extremely averse to any restriction on their power to 
do so. In the convention the former states were anxious in framing a new constitu- 
tion, to insert a provision for an immediate and absolute stop to the trade- The latter 
were not only averse to any interference on the subject, but solemnly declared that 
their constituents would never accede to a constitution containing such an article- 
Out of this conflict grew a middle measure providing that Congress should not inter- 
fere until 1808- AVritings and Times of Madison 111.150. 



SLAVERY. 45 

after some modilications the clause is inserted witliout much 
opposition. 

In 1789 South Carolina, who had continued to hold her 
land grants in the West, which covered the territory of the 
present State of Tennessee, ceded them to the United States 
on the condition among others " that no regulation made 
or to be made by Congress, shall tend to emancipate slaves." 
The western territory held by Georgia, comprising the States 
of Alabama and Mississippi, was ceded to the Union in 1802, 
upon about the same condition. There was no alternative 
but to accept these cessions witli tlieir conditions. If the 
States held the lands, they would plant slavery there them- 
selves, and thus increase their own greatness; and the United 
States could not secure the territory without the conditions. 

Thus has slavery in the infant days of our Republic, by 
menaces and strategy triumphed over Congress and the will 
of the majority of our people. 

The framers of our Constitution thought that they had laid 
a legislative coil which would sometime restrict the growth of 
slaver}^ when they limited slave importation to twenty years; 
and they were no sanguinary visionists, but based their judge- 
ment upon the teachings of history. " In all former ages," 
says Greeley in his " American Conflict : " " slavery so long 
as it existed and flourished, was kept alive by a constant or 
frequent enslavement of captives, or by importation of bond- 
men. Whenever that enslavement, that importation, closed, 
slavery began to decline." But American slavery has set at 
naught the teachings of history and baffled the calculations 
of statesmen. The acquisition of Louisiana, thus opening a 
vast territory for the introduction of slaves, and the inven- 
tion of the Cotton Gin, thus increasing the value of slave 
labor, rendered the commerce in human flesh as profitable as 
in the days of the African West India Company. Rapa- 
cious avarice unable longer to satisfy its greediness for gain 
by importation, invents a new system for multiplying hu- 
man chattels. " Slave-breeding for gain, deliberately pro- 



46 HISTOEY OF KANSAS TEREITORY. 

posed and systematically pursued, appears to be among the 
late devices and illustrations of human depravity. !N"either 
Cowper nor Wesley, nor Jonathan Edwards, nor Granville 
Sharp, nor Clarkson, nor any of the philanthropists or di- 
vines, who, in the last century, bore fearless and emphatic 
testimony to the iniquity of slave-making, slave-holding and 
slave-selling seemed to have had any clear conception of it. 
For the infant slave of the past ages was rather an encum- 
brance and a burden, than a valuable addition to his master's 
stock. To raise him, hoAvever roughly, would cost all he 
would ultimately be worth. That it was cheaper to buy 
slaves than to rear them, was quite generally regarded as 
self-evident. But the suppression of the African slave- 
trade, coinciding with the rapid settlement of the Louisiana 
purchase, and the triumph of the Cotton-Gin, wrought here 
an entire transformation. When a fieldhand brought from 
ten to fifteen hundred dollars, and young negroes were 
held at about ten dollars per pound, the new born infant, if 
healthy, well formed, and likely to live, was deemed an ad- 
dition to his master's wealth of not less than one hundred 
dollars even in Virginia or Maryland. It had now become 
the interest of the master to increase the number of births 
in his slave cabin ; and few evinced scruples w^hereby this 
result ''was obtained. The chastity of female slaves was 
never deemed of much account, even where they were white ; 
and, now that it had become an impediment to the increase of 
their master's wealth, it was wholly disregarded. No slave 
girl, however young, was valued lower for having become a 
mother, without waiting to be first made a wife ; nor were 
many masters likely to rebuke this as a fault, or brand it as 
a shame. Women were publicly advertised as extraordi- 
nary breeders, and commanded a higher price on that ac- 
count. Wives, sold in separation from their husbands, 
were imperatively required to accept new j)artners, in or- 
der that the fruitfulness of the plantation might not suffer." 



TRIUMPH OP SLAVERY. 47 



CHAPTER lY. 

TRIUMPH OF SLAVERY IN 1820. 

As it has been before shown, when the Territory of Orleans 
was admitted into the Union, under the name of Louisiana, tlie 
remaining portion of the Louisiana purchase, heretofore called 
the Territory of Louisiana, passed to the second grade of gov- 
ernment, under the title of Missouri Territory. The popula- 
tion spreading back from each side of the Missouri River, and 
extending about two hundred miles west of the Mississippi, in 
1815 petitioned Congress for the privilege of forming a State 
government and an admission into the Union on the same footing 
as the original States. This petition, after having been presented 
twice in the House of Representatives and ordered to lie on the 
table, was a third time presented' by Mr. Scott, delegate from 
that territory, and referred to a select committee of which the 
above named gentleman was made chairman. On the 3d of 
April Mr. Scott reported a bill in compliance with the petition- 
ers' request which was referred to a Committee of the Whole, 
but was never acted upon. At the next session of Congress the 
Speaker, Mr. Clay, presented a petition from the Legislati\-e 
Council and House of Representatives of the Territory of Mis- 
souri, praying that they might be permitted to form a constitu- 
tion and frame a State government, and l)e admitted into the 
Union. The House in Committee of the Whole entered into 
discussion upon a bill relating to this subject," and after consid- 

• (l)March 16. 1818. (2) December 18. 



48 HISTOEY OF KANSAS TEEKITOEY. 

ering vai'ious amendments, one was proposed by Mr. Tallmadge, 
of New York, in these words : 

" And provided, That the further introduction of slavery or 
invohuitary servitude be prohibited, except for the punishment 
of crime, whereof the party shall have been duly convicted; 
and that all children born within said State, after the admis- 
sion thereof, shall be free at the age of twenty-five years." 

This amendment elicited a spirited discussion, but passed the 
House' by a very close vote. The bill on going to the 
Senate was amended by striking out* the restriction clause, 
and concurred in' ; but the House adhering to its amendment, 
it w^as lost. 

The same Congress organized the Territory of Arkansas from 
the southern part of Missouri, agreeable to a petition from the 
inhabitants thereof. Attempts were made to apply the slavery 
restriction to it, but failed, and it Avas accordingly organized 
without any reference to slavery. 

A glance at the map will reveal the magnitude of this ques- 
tion which aifected the two contending parties. It was not 
merely whether Missouri should be a slave or a free State ; 
but whether the vast expanse of territory extending westward 
from Missouri across the broad prairies, over the Rocky 
Mountains, to the Pacific — comprising about one-tourth the 
area of the United States — should be consecrated to Slave, or 
Free, labor. This is the way the question w^as viewed at that 
time ; it was thought that the fate of INIissouri would decide 
that of the territory west and south of it, which then belonged 
to, or would be acquired afterwards by, the United States. 

During the following summer, the interim between the two 
Congresses, the subject of slavery restriction was agitated all 
over the country. Public meetings were held and speeches 
made ; conventions were called and resolutions passed in ac- 
cordance with their sentiments ; the whole country was can- 

(3) February 13. 1819. (4) February 26. (5) March 2- 



TRIUMPH OF SLAVERY. 49 

vassed by public speakers and flooded with pamphleteers ; the 
press opened its battery and kept up a continual fire ; thus 
the country was agitated until it was fairly ablaze with excite- 
ment. 

The North opposed the permanent establishment of slavery, 
from moral and political considerations. It claimed to be 
actuated by the spirit of the founders of the Republic, who 
sought by all legislative means to prevent the growth of 
slavery. It was plain, however, that whatever party obtained 
Missouri, obtained the balance of power, and there is no doubt 
that the North sought to obtain it on this account, as . 
well as from other considerations. But such is the construc- 
tion which mankind put upon the motives of an action, that 
where there may l)e an unworthy one, no matter how many 
good ones, they generally attribute it to the former. The 
South put, therefore, the very Avorst interpretation u^Don the 
actions of the North, as aiming at political supremacy by an 
unjust and oppressive legislation. 

The position of the anti-restrictionists was a very singular 
one, if not inconsistent. They bewailed in most eloquent 
lamentations over the wrongs which slavery inflicted upon the 
slaves, country and people ; conceded the right and duty of 
Congress to prohibit it from the territories, and to provide, in 
every constitutional way, for its removal ; but nov/ that they 
had the power to prevent its extension, and, consequently, its 
growth, they refused to exercise it. But they fought the 
battle under the banner of State Rights, State Sovereignty, 
Liberty, and the Right of the people to frame their own insti- 
tutions, as opposed to Usurpation and Oppression on the part 
of Congress. 

Fresh from the heat of popular discussion, with feelings all 
aglow with excitement, the members of the XVIth Congress 
convened.* ^lemorials from the people and Legislature of 
Missouri bearing evidence of an angry feeling, caused by 

(6) December 16. 1819. 



50 HISTORY OF KANSAS TERRITORY. 

their former rejection, were soon presented, and in the Honse 
referred^ to a select committee ; in the Senate/ to the Jndiciary. 
The committee in the House reported/ through its chairman, 
Mr. Scott, delegate from Missouri, a bill authorizing that ter- 
ritory to form a State constitution and government, without 
any prohibition of slavery. On motion of Mr. Taylor, "of 
New York, a committee was appointed to inquire into the ex- 
pediency of prohibiting slavery in all territory west of the 
Mississippi, of which he was made chairman. But the com- 
mittee being unable to agree among themselves, in a few days, 
at the request of the chairman, was discharged.^" On January 
26, 1820, Mr. Taylor proposed an amendment to the Missouri 
bill, the restrictive provisions of which are as follows : 

" And shall ordain and establish that there shall be neither 
slavery nor involuntary servitude, otherwise than in the pun- 
ishment of crimes, whereof the party shall have been duly 
convicted. And it is provided, also, That the said provision 
shall not be construed to alter the condition or civil rights of 
any person now held to service or labor in said territory." 

An animated discussion immediately ensued, which contin- 
ued, with scarcely any interruption, for twenty-three days. 

In the meantime, the bill admitting Maine into the Union, 
which had passed" the House, had a heavy burden thrown 
upon it in the Senate. The skill and tactics of slavery propa- 
gandists were here most strikingly displayed. The connnittce 
to whom the bill had been referred recommended'" its passage, 
with several amendments, the most important of which was 
the Missouri bill without restriction. The object was, of 
course, to enable the latter bill to ride through the House 
upon that of the former. Strong efforts were made in the 
Senate to throw it oft', or apply to it the restrictive clause, 
which occasioned a long and protracted, discussion. 

Both Houses Avere now intently engaged in stormy debate. 
Never before, nor since, was there ever such a display, in the 

(7) Decembers. (S) December 9. (9) December 14. (10) December 28. (U) January 
3, 1820. (12) January ti. 



TRIUMPH OF SLAVERY. 51 

liuUs of Congress, of forensic skill and impassioned eloquence. 
It was a sublime occasion for the orator. The excited nation 
were the anxious spectators ; the Legislatures of the different 
States the abettors.''' The subject was one calculated to call 
forth no buncombe speech-making ; but earnest, heart-warmed 
sentiments. It was legislating, not for a day, nor a year, upon 
one section of the country and a few peoj^le ; but for centuries, 
over one-fourth of the domain of the United States. In it 
humanity plead her claim, and the country asked for deliver- 
ance from a curse. On the other hand, the rights of a free 
people were invaded, and Oppression frowned upon them, 
ready to trample them beneath her iron heel. The beams of 
sovereignty in a State were to be blotted out, and its greatness 
and glory abased. ^lany of the speakers rose to the sublimity 
of the occasion, and even their opponents melted to tears before 
their persuasive pleadings. Others descended as far below 
it. and their speeches are marked by sectional 2:)rejudice, van- 
ity and animosity. Both parties were about equally 
matched in argument, skill and eloquence. 

On the part of the Restrictionists it was contended that 
the founders of our Republic lamented the existence of 
slavery, as a " great evil," which they could not remove, 
but hoped, by a wise legislation, that it would ultimately 
disappear ; that they had themselves set the example by 
the famous ordinance of 1787, which was intended to cover 
all the territory of the United States, and now, at least, its 
precedent should have weight ; to all of which the Anti- 
restrictionists fully conceded, but denied that the precedent 
spoken of should have any weight, as that was done under 
the Confederacy ; and, furthermore, it was unconstitutional, 
because done after the cession made by Virginia, which de- 
clared that the States formed from that territory should be 
admitted into Union on the footins; of the original thirteen 
States. For constitutional right the Rcstrictionists point to 

(13) Memorials had been received in Congress from the different States, both for and 
against restriction. 



52 HISTORY OF KANSAS TERRITORY. 

the clause in tliat sacred document which says, " New States 
may be admitted by Congress into the Union ;" from which 
they argue that Congress has the right to refuse a State ad- 
mittance into the Union, and to prescribe the conditions of 
admission. To which it is replied that the powers of Congress 
are specified, and those not plainly mentioned in the Consti- 
tution are reserved to the States or people ; and hence, 
Congress can gather no powers from inference. They are then 
directed to another clause in the Constitution, which says that 
" Congress shall have power to dispose of and make all need- 
ful rules and regulations respecting the territories ;" to which 
a reply is given that Missouri is not to \)e regarded as an open, 
wild and uninhabited territory but a populous State, with sover- 
eign powers, asking admission into the Union according to 
the original compact between the States. The clause relating 
to the powers of Congress to prevent the migration and im- 
portation of slaves, in which the term migration is used, the 
Restrictionists declare, refers to the passage of slaves form 
States to States, or from States to Territories ; but the opposite 
party demostrate that it refers entirely to the introduction of 
slaves from abroad. The Restrictionists show that the practice 
of Congress has been to exact conditions from States before 
admission into the Union, and point to Illinois, Ohio, Indiana 
and Louisiana ; to which their opponents reply that all such 
exactions were usurpations, and hence not binding, or entitled 
to consideration as precedents. The treaty between France 
and the United States would be adduced by the Anti-restric- 
tionists with an air of triumph, which provided that the inhabi- 
tants of Louisiana should be protected in the possession of their 
property, and that it would be a breach of faith for the United 
States to emancipate their slaves ; to which it is replied that the 
restriction does not affect the relation of master and slave 
there now% but merely provides against the introduction of 
slaves from abroad. It is further contended that this treaty 
provides that the people of said territory " shall be incor- 
porated into the Union as soon as possible, and admitted 



TRIUMTH OF SLAVERY. 53 

to all the rightH, udvautages and immunities of citizens ; to 
which it is replied that they have already been admitted to 
all the privileges of citizens in the Union, but admittinf»- a 
State into the Union formed from that territory was a dif- 
ferent thing, for which the treaty made no provision. It is 
argued that by extending slavery west, the condition of 
both master and slave would be improved ; but it is replied 
that by extension the growth of slavery is only accelerated, 
that it is a curse, and the more it is extended, the more 
country it afflicts. It was asserted that these conditions 
would be degrading and humiliating to the sovereign State 
of Missouri ; but it is retorted that other States have com- 
plied with them and not felt in the least degraded, but were 
proud of their positions among the sister States, and were 
unequalod in prosperity and promise. 

Such was the way that some of the arguments were put 
and answered. I will now give a few extracts from speeches 
although their severance from the closely wrought connec- 
tion will not show them in their real light. Speaking of 
the treaty by which Louisiana was obtained and which, it 
had been argued, would compel Congress to admit Missouri 
without restriction, Mr, Otis, of Massachusetts, says : 

" Still, if in reality our faith, by treaty, was thus plighted, 
though he should deem the acquisition of the whole terri- 
tory a vital misfortune, and should think it would have 
been better for us if the Mississippi was an eternal torrent 
of burning lava, impassible as the lake which separates the 
evil from the good, and the regions beyond destined forev'er 
to be covered with brakes and jungles, and the impenetra- 
ble haunts of the wolf and the panther; yet, he would not. 
advocate a breach ot public faith, but he should think it the 
duty of Congress to recommend a new negotiation with the 
present beneticent monarch of France, to the end of obtain- 
ing his release from the provisions of a treaty so fatal to our 
best interests." 

Here is JNIr. Barbour's (of Virginia) apology for the 
change of sentiment from that which existed at the time of 
the formation of our Government : 5 



54 HISTORY OF KANSAS TERRITORY. 

" We are asked why has Virginia changed her pohcy 
relative to slavery? That the sentiments of our most 
distinguished men*^ thirty years past entirely correspond with 
the course which the friends of restriction now advocate; 
that Mr. Jeiferson has delineated a gloomy picture of the 
baneful eftects of slavery ; that the Virginia ^ delegation, 
one of whom was the late President of the "United States, 
voted for the restriction on the" north-western territory. — 
When it is recollected that the notes of Mr. Jefferson were 
written during the progress of the Revolution, the mind op- 
erated upon its incidents as novel as stupendous, it is no 
matter of surprise, that the writer who was performing so 
distinguished a part, should have imbibed a large share of 
that enthusiasm which such an occasion was so well calcu- 
lated to produce. With the eye of benevolence surveying 
the condition of mankind, and a holy zeal for the ameliora- 
tion of their condition, he gave vent to his feelings in the 
effusion to which our mmds have been called. It is palpa- 
ble these are the illusions of fancy." 

Mr. Scott closed his remarks by warning gentlemen from 
the North that "they were sowing the seeds of discord in 
the Union ; " that " they were signing, sealing and delivering 
their own death-warrant ; " that " the weapon they were un- 
justly wielding was a two-edged sword;" that "he considered 
the question big with the fate of Cassar, and of Rome." Mr. 
"Walker, of Georgia, said that " he must be badly acquainted 
with the signs of the times who does not perceive a storm por- 
tending, and callous to all the better feelings of our nature 
who does not dread the bursting of that storm." Mr. Cobb? 
of the same State, declares that " if they ( Restrictionists ) 
persist the Union will be dissolved ;" that '^ they were kind- 
ling a fire which all the waters of the ocean cannot put out, 
which seas of blood can only extinguish." Mr. Colston, of 
Virginia, accuses Mr. Livermore, of New Hampshire, " of 
speaking to the galleries, and by his language, endeavoring to 
excite a servile war," and ended by saying that " he was no 
better than Arbuthnot, or Ambrister, and deserved no better 
fate." Mr. Jones rings in the chorus, " although Missouri 



TRIUMPH OF SLAVERY. 55 

be an infant, she reposes on the laps of eleven mothers, that if 
even Missouri succumbs to this humiliatinfii: condition, her 
name will be written in characters of blood." 

On the 18th of February, the Missouri bill, which had been 
appended to the Maine bill was passed in the Senate with Mr. 
Thomas' amendment prohibiting slavery from the territories 
north of 36°-30° north latitude, except that included in the 
aforesaid State. It then passed to the House, which refusing to 
concur in the amendments on the 1st of March passed the Mis- 
souri bill with the restrictive clause of Mr. Taylor. This 
passed in the Senate by striking out the amendment of the 
House and inserting that of Mr. Thomas. 

In the meantime a committee of conference had been ap- 
pointed which now reports, recommending to the Senate to 
recede from its amendment of the Maine bill, and to the House 
to concur in the amendment of the Senate to the Missouri 
bill. The House thereupon accepted the amendment of the 
Senate by 90 yeas and 87 nays. This was the Missouri Coin- 
promise. It was decidedly a Southern measure, originated 
by a man wdio had opposed restriction, and only received 14 
votes from northern men, and all the votes of the South. 

Some of those from the North wdio voted for it did so to 
quiet the agitation and to avert w^hat they feared would be 
the consequence — the disruption of the Government — w^hich 
had been so frequently threatened in debate. 

The following is Mr. Thomas' amendment, generally 
called the Missouri Compromise : 

'■'■And be it further enacted, That in all that Territory ceded 
by France to the United States under the name of Louisi- 
ana, which lies north of thirty-six degrees thirty minutes 
north latitude, excepting only such part thereof as is in- 
cluded wdthin the limits of the State contemplated by this 
act, slavery and involuntary servitude, otherwise than in the 
punishment of crime, whereof the party shall have been 
duly convicted, shall be and is hereby forever prohibited ; 
Provided always, That any person escaping into the same, 



56 HISTOEY OF KANSAS TEKEITOEY. 

from whom labor or service is lawfully claimed iu any State 
or Territory of the United States, such fugitive may be law- 
fully taken and conveyed to the person claiming his or her 
labor or service as aforesaid." 

On the authority thus obtained the people of Missouri 
proceeded the following summer to frame a constitution and 
organize a State government, and at the meeting of the next 
Congress this State presented herself in her constitutional robe 
for admission into the Union. The Senate after some debate 
passed a'resolution'admitting her; but the House on account 
of the following clause refused her admission : 

" It shall be the duty of the General Assembly, as soon 
as may be, to pass such laws as may be necessary to prevent 
free negroes and mulattoes from coming to, or settling in, 
this State, under any pretext whatever." 

There was also a clause forbidding the General Assembly 
from emancipating slaves without the consent of their owners 
All of these, together with the general spirit of the Consti- 
tution, were regarded as a menace and a strike at those who 
favored restriction. The clause given above was plainly 
unconstitutional. The Constitution of the United States 
ordains that "the citizens of each State shall be entitled to 
all the privileges and immunities of the citizens of the sev- 
eral States ;" and negroes and mulattoes in some States are 
citizens. The excitement ran very high in Congress and 
seemed to threaten more danger than at any previous time; 
but the difficulty was finally adjusted by passing a bill to 
admit Missouri whenever she should legitimately expunge 
the above odious clause. 

This condition Missouri soon complied with and her ad- 
mission into the Union was declared by a proclamation of 
the President. 



TRIUMPH OF SLAVEEY. 57 



CHAPTER V. 

TRIUMPH OF SLAVERY IN THE ANNEXATION OP TEXAS. 

The boundaries of Louisiana were always vague and un- 
certain, and the treaty by which the United States acquired it 
left them still indefinite. The consequence was, as might 
have been expected, difficulties soon arose with Spain in re- 
gard to the eastern and western boundaries of this province. 
The French always alleged that Louisiana extended to the 
Rio Grande ; whereas the Spaniards, with an equal show of 
reason, contended that it did not extend quite to the Sabine. 
According to the provisions of the treaty of St. Ildefouso, 
Spain ceded to France " the province vvitli the same extent it 
now has in the hands of Spain, and that it had Avhen France 
possessed it, and such as it should be after other treaties entered 
into between Spain and other States." By the treaty of 
Paris, France ceded to the United States all the right and 
title she had thus acquired to Louisiana, leaving the question 
of boundaries to be settled with Spain. 

Thus matters remained in statu quo, although Spain con- 
tinued to hold both Floridas and claimed the Sabine as the 
western boundary of Louisiana, until 18P3, when a treaty 
was elfected between the two nations, after a protracted cor- 
respondence and negotiation. Through this treaty the 
United States acquired undisputed possession of all the terri- 
tory west of the Mississippi by renouncing her claim to 
Texas. 

This was a Southern move, and it was difficult at lirst to 



58 HISTORY OF KANSAS TERRITORY. 

understand the motive which actuated it. Why slavery 
should be willing to give away such a beautiful and exten- 
sive country as Texas when she could just as easily have 
retained it and the Floridas too, was a query which but few 
in the North could solve. But it was a political scheme of 
the South, whereby she might secure the co-operation of the 
llTorth in the election of a pro-slavery President, The ag- 
itation of the Missouri question had so united the North 
against slavery extension in the south-west that the slavery 
propagandists well knew, if this was made an issue in the 
Presidential election, they would be defeated. So in order 
to keep in power, they rid themselves of this troublesome 
question by giving away Texas, knowing that the could get 
it again whenever they wanted it. 

In the meantime Mexico had established her independence, 
which was recognized by the United States, and conse- 
quently Texas passed under her dominion. 

Soon afterwards a little colony was established in Texas at 
Austin, by a few restless adventurers and desperadoes from 
the United States. In 1827 and 1829 attempts were made 
on the part of our government to purchase Texas of Mexico, 
but without success. The people of this little colony consid- 
erably increased by emigrants from the United States, under 
the leadership of the notorious Sam Houston, who, it is 
thought, was sent there by the Southrons, for that purpose, 
in 1833 framed a State Constitution and in three years after- 
wards declared their independence. War necessarily ensued ; 
Houston was made commander by the colony of its forces; 
and after two victorious battles, Texas asks to be an- 
nexed to the United States. But on account of our friendly 
relations with ^lexico, the request could not, with any show 
of consistency, be granted until the independence of that 
province should be more fully established. The slave States, 
therefore, mustered aid and sympathy for the few struggling 
freemen (?) in this little Republic. Money, men and arms 
with provisions and ammunition, were sent to them by the 
friends of slavery. 



TEIUMPH OF SLAVERY. 59 

Texas thus maintained her independence iiutil 1845, when 
she was annexed to the United States upon the following pro- 
vision among others : " Third, 1Sq\y States of convenient size, 
not exceeding four in number, in addition to the said State of 
Texas, and having sufficient population, may hereafter, by the 
consent of said State, be formed out of the territory thereof, 
which shall be entitled to admission under the provisions of the 
Federal Constitution; and such States as 'may be formed out 
of that portion of said territory lying south of thirty-six de- 
grees thirty minutes north latitude, commonly known as the 
Missouri Compromise line, shall be admitted into the Union 
with or without slavery, as the people of each State asking ad- 
mission may desire. And in such State or States as shall be 
formed out of said territory north of said Missouri Compro- 
mise line, slavery or involuntary servitude ( except for crime), 
shall be prohibited." (A. S. Papers.) 

It must not be supposed that this bill of annexation was 
passed without any opposition, thus introducing slavery into, 
and fastening it upon, so vast a region of country. On the 
other hand, its passage was violently contested, and several 
attempts were made to either divide the territory between 
slave and free labor, or prohibit the former altogether. But 
the influence of the Administration, the sanctity with which 
the Missouri Compromise line was held by the l!»f"orth, and 
the fear that Texas would form an alliance with some Eu- 
ropean power that would endanger our Union, prevailed. — 
The most injurious feature connected with this bill is that it 
secured the recognition of Congress to the extension of the 
territory of Texas from the mouth of the Rio Grande to its 
source — near a thousand miles beyond the legitimate bound- 
ary of that province. Thus slavery was virtually extended 
over this broad domain where it had been prohibited by the 
laws of Mexico twenty years before. Thus was the strength 
and resources of our glorious government which our fathers 
had consecrated to liberty and justice, made the efii- 



60 HISTORY OF KANSAS TEREITORY. 

cieiit means fortlie extension of the wrongs and }»ollutioi)S of 
human shivciy over a vast expanse of unsullied territory. 
War with Mexico followed the annexation, consuming a hun- 
dred million of the nation's wealth, and the lives of thousands 
of her brave sons. All for what ? For the extension of hu- 
man slaver}' ! 

Immediatel}' after the war began, the Mexicans having 
suffered a severe defeat,^and the President thinking that their 
feeble and divided republic could now begin to realize hei- 
utter inability to cope with the arms of the United States, 
presumed that she would rather accept a monied overture for 
Texas than run the chances of losing it by w^ar. The Pres- 
ident, Mr. Polk, therefore represents this matter to Congress, 
asking that a considerable sum be placed at his disposal to 
effect this object, at the same time stating that he thought 
he could not only secure the territorj' this side of the Rio 
Grande, but also a vast scope of country beyond it. A bill 
was accordingly drawn up, agreeal)le to his request, and had 
for a time every indication of success. 

But the question arose among those who were opposed to 
the extension of slavery what should be the condition of this 
territory as to Free or Slave labor. They knew heretofore 
that slaver}^ had laid claim to all the territory of the United 
States on the plea of jDre-occupancy ; but wall slavery covet 
the soil where it never existed and where the laws of the 
country from wdiich it was obtained forbid it ? Many of the 
northern democrats who had before l)een disposed to be tol- 
erant towards slavery, now began to think that the}' had 
reached the utmost limits of a virtuous forbearance. An 
amendment was therefore prepared and offered by Mr. AYil- 
mot to the following effect : 

<■<■ Provided, That as an express and fundamental condition 
to the acquisition of any territory from the Republic of Mex- 
ico by the United States, by virtue of any treaty that may 
be negotiated between them, and to the use by the execu- 



TRIUMPH OF SLAVERY. (Jl 

tion of the monies herein appropriated, neither slavery nor 
invohmtary servitude shall ever exist in any part of said ter- 
ritory, except for crime, whereof the party shall be duly con- 
victed." 

^Vith this amendment, comnionl}' known as the Wilmot Pro- 
viso, the bill passed the House, but was lost in the Senate on 
account of the Proviso. Thus the President was left without 
any means to negotiate a treaty by which much suffering and 
many thousand precious lives might have been spared. But 
this would have thwarted the very design which had occa- 
sioned the war — the acquisitioii of more territory for slavery. 

It was about this time that the doctrine of Popular Sover- 
eignty was advanced. First conceived iu the brain of Calhoun, 
it was first enunciated by General Cass when about to be used 
by the Democratic party as a candidate for the Presidency. 
The great argument, prior possession, against prohibiting slavery 
from the territories heretofore urged, had now failed, for the con- 
dition of territory was exactly reversed from what it had been 
formerly. This territory had never been polluted by slavery. 
But, to meet the exigency of the situation, a new dogma is 
brought forward that Congress has no right to prevent the citi- 
zens of the United States from taking with them their prop- 
erty (slaves) into the territories and determining there their 
local institutions for themselves. This doctrine, so new and 
strange to the Democratic party, was not popular at first, for 
their Baltimore convention which nominated Cass fcr Presi- 
dent, voted it out of their platform by an overwhelming ma- 
jorit}'. 

After the peace with Mexico an attempt was made in the 
30th Congress to organize the territories acquired from this 
Power and submit the question of slavery to the adjudication 
of the Supreme Court, its pulse having been previously felt 
upon the constitutionality of Popular Sovereignty. This bill 
passed the Senate, but Avas killed in the House by a motion of 
Alexander H. Stephens, of Georgia. Various attempts were 
made in the 29th and 30th Congresses to organize the terri- 



62 HISTORY OF KA>'.SAS TERRITORY. 

tories of California and Xew Mexico, both for and against 
«lavery, but all ^veve unsuccessful. 

At the first session of Congress in 1850 efforts for organiz- 
ing these territories were resumed. The doctrine of Popular 
Sovereignty (though not by that name) was forcibly announced- 
by such spirits as Jefferson Davis, AV. L. Yaucy and J. M. 
Mason, and the Missouri Comi)romise was held up as a sacred 
compact between the Restrictionists and Anti-Restrictionists 
in the division of territory ; whereas it was framed near thirty 
years before the United States had acquired this territory, and 
could relate only to the partition of that of the Louisiana 
purchase. After considerable debate and the defeat of several 
bills for the organization of the territory of ISTew Mexico and 
the admission of California into the Union, whose people had 
framed a Constitution and presented herself for this purpose, 
the whole subject was referred to a Committee of Thirteen, of 
which Mr. Clay was constituted chairman. The report of 
this committee formed the basis of a Compromise between the 
two contending parties, in the following words: 

" 1. The admission of any new State or States formed out of 
Texas to be postponed until they shall hereafter present them- 
selves to be received into the Union, when it shall be the duty 
of Congress fairly and faithfully to execute the compact with 
Texas, by admitting such State or States. 

" 2. The admission forthwith of California into the Union, 
with the boundaries which she has proposed. 

" 3. The establishment of Territorial Governments, without 
the Wilmot Proviso, for New Mexico and Utah, embracing all 
the territory recently acquired from Mexico, not contained in 
the boundaries of California. 

" 4. The combination of these two last measures in the 
same bill. 

"■ 5. The establishment of the western and northern boun- 
daries of Texas, and the exclusion from her jurisdiction of all 
New Mexico, with the grant to Texas of a pecuniary equiv- 
alent ; aud the section for that purpose to be incorporated in 
the- bill admitting California, and establishing Territorial Gov- 
ernments for Utah and New Mexico. 



TRIUMPH OF SLAVP^RY. 63 

"6. More effectual enactments of law to secure the pi-ompt 
delivery of persons bound to service or labor in one State, 
under the laws thereof, who escape irito another State ; and 

" 7. Abstaining from abolishing slavery, but, under a heavy 
])cnalty, prohibiting the slave-trade, in the District of Co- 
lumbia." 

The " pecuniary equivalent '' spoken of in this report to be 
given to Texas for her claim on the Territory of Xew^ Mex- 
ico, was rendered by the House and concurred in by the Sen- 
ate, 110,000,000. And, yet, Texas never had the least shadow 
of a claim on said Territory. It was first obtained from 
Mexico by the arms of the United States and afterwards paid 
for by her money. Slavery gained by this Compromise not 
only the vast region of Texas and ten million dollars, but 
the continuance of its existence in the District of Columbia, 
more stringent laws for slave-catching, the territories of New 
Mexico and Utah opened to its grasp by the newly ordained 
doctrine of Popular Sovereignty, and a basis by which to up- 
root the Sacred Compromise of 1820. What a monstrous 
Compromise ! And, yet, the Xortli made these reluctant con- 
cessions, to still agitation, to escape the threat of disunion 
by satisfying the craving demands of the South. 



64 HISTORY OF KANSAS TEREITORY. 



CHAPTER yi. 

KANSAS-NEBRASKA ACT — A SLAVERY TRIUMPH. 

By the compromise measure of 1820 slavery was forever 
prohibited north of thirty-six degrees thirty minutes north 
latitude from the territory of the Louisiana purchase, except 
that portion included in the State of Missouri. As this Com- 
promise was a Southern movement and maintained by South- 
ern votes, it would seem that they were most fairly and sol- 
emnly bound to this compact. The opponents of slavery ex- 
tension were bitterly opposed to the Compromise, because it 
yielded up the extensive domain of Missouri to slavery ; 
whereas the spirit and teachings of our Government demanded 
an inhibition of this curse; but after it was legitimately ap- 
proved of by the legislative councils of the nation, they re- 
garded it witli that veneration which is due to a law of the 
land. 

The first infraction of this Compromise occurred in 1836 
when a triangular piece of territory, lying between the then 
existing boundary of the State of Missouri and the Missouri 
River, was annexed to the former. The original western boun- 
dary of Missouri was a line drawn due north and south from 
the point where the Kansas River enters the Missouri. This 
was an exceedingly fertile tract of country, from which was 
formed seven counties of largest size and capable of sustaining 
the densest population, which numbered in 1860, 70,505 souls. 
This work was. eflected so quickly and dextrously by Colonel 
Beaton that it attracted little attention at the time. 



TRIUMPH OF SLAVERY. 65 

Petitions were received at the first session of the thirty-sec- 
ond Congress (1851-2) for organizing the territory west of Mis- 
souri, but no action was taken upon them. At the next ses- 
sion Mr. Willard P. Hall, of Missouri, introduced a bill' in the 
House to organize the same territory', together with that west 
of Iowa, under the name of Platte, which was referred to the 
Committee on Territories. From this Committee a report was 
presented" organizing the same territory under the name of 
^Neoraska. This, on going to the Committee of the Whole, 
encountered a strong Southern opj)osition and was reported^ 
back to the House Avith a recommendation for its rejection. 
After the failure of a motion to lay it on the table, the bill 
passed by 98 yeas to 43 nays. On arriving^ in the Senate it 
was referred to the Committee on Territories, of which Mr. 
Stephen A. Douglas was chairman. From this committee it 
was reported without amendment, but was never acted upon 
though several unsuccessful efforts were made to have it taken 
up in the latter days of the session. Thus the Southern mem- 
bers stoutly refused to organize this territory at that time, 
which, in the next Congress, was an object that they earnestly 
sought to accomplish. But it is a note-worthy fact that the 
existence and validity of the Missouri Compromise had not, 
as yet, ho-Qn questioned, and no one had discovered that the 
legislation of 1850 had superceded that of 1820; the only ob- 
jection urged being that it would infringe upon ihe rights of 
the Indians to organize this territory. 

In the thirty-third Congress (1853-4), agreeable to a pre- 
vious notice, Mr. Dodge, of lo'wa, introduced' a bill into the 
Senate to organize the Territoiy of Nebraska Avithout any 
reference to slavery, which, after being read twice, was re- 
ferred to the Committee on Territories, from which it was re- 
ported back by the chairman, Mr. Douglas, with various 
amendments. In the report of ]\Ir. Douglas, whicli accom- 
panied the bill, although he raised the question as to tlie cou- 



llt Doc 2. ]&52.. (2) Feb. 2, 1853. Ci) Feb. 10. (4) Feb. 11. <5) Dec. 14. 185J. 



66 HISTORY OP KANSAS TERRITOEY. 

stitiiti Quality of the Missouri Compromise, lie refrained 
from passing judgment upon it himself, and no where inti- 
mated that the legislation of 1850 had rendered it inoperative. 
The seat of government was located at Fort Leavenworth, 
and " all questions pertaining to slavery in the Territories and 
new States formed therefrom," it suggested that agreeable 
with the legislation of 1850, should be left to the decision of 
the people residing therein, through their appropriate repre- 
sentatives. The bill, with the report and amendments, was 
ordered to be printed. 

Mr. Dixon gave notice" that when the bill should come up 
for consideration he would offer an amendment to the follow- 
ing effect : 

" That as much of the Stli section of ' An act approved 
March 6, 1820, entitled 'An act to authorize the people of 
Missouri Territory to form a constitution and a State gov- 
ernment and for the admission of such a State into the Union 
on an equal footing with the original States, and to prohibit 
slavery in certain Territories ' as declares in all that territory 
ceded by France to the United States, under the name of 
Louisiana, which lies north of thirty-six degrees thirty min- 
utes north latitude, slavery and involuntary servitude other- 
wise than in the punishment of crime, whereof the party shall 
have been duly convicted, is forever prohibited,' shall not be 
so construed as to apply to the territory contemplated by this 
act, or to any Territory of the United States, but that the cit- 
izens of the several States and Territories shall be at liberty 
to take and hold their slaves wathin any of the Territories of 
the United States, or of the States to be formed therefrom, as 
if the said act, entitled as aforesaid and approved as afore- 
said, had never been passed." 

This first stroke at the sacred Compromise which had 
quieted the storm of 1820, and which had been regarded for 
thirty-four years as lasting as time, fell like a thunder bolt 
upon the Senate and the nation. The blast of strife was thus 
sounded by the expiring breath of Plighted Faith. Slavery 

tfi) January 16, 1855. 



TRIUMPH OF SLAVERY. 67 

no longer seeks to disguise its foulness, or apologize for its ex- 
istence; but vaunteth itself as an institution of our fatliers, 
wholesome to society, and sanctioned by religion. Disdaining 
all legislative restrictions and trampling under foot all com- 
promises whereby it has hitherto secured tolerance, it arrogates 
to itself the prerogatives of a full grown monster and dictates 
to tlie nation its demands. 

Even the ambitious Stephen A. Douglas was startled at the 
unexpected report. He had congratulated liimself that he had 
rendered such signal service to the South by questioning the 
validity ot the Missouri Compromise and virtually removing 
its interdiction to slavery that it could only be rewarded by 
placing him in his long sought for position — the Presidency. 
Ambition, though baffled and apparently defeated, never de- 
spairs, but proceeds to consult the unprincipled Oracle of Suc- 
cess. Mr. Douglas resolves to go so far beyond the one who 
thus outbid him, that the spoils of his achievements shall be 
all that the insatiable cravings of slavery can demand. He 
therefore dra\vs up a bill almost entirely unlike any of the 
preceding ones. Instead of organizing one, he now proposes 
to organize two Territories, the first to include that Territory 
lying between Missouri and the Rocky IMountains, north of 
thirty-seven degrees north latitude, to be called Kansas ; the 
second, the remaining portion of what %vas contemplated by 
the former bills, called by the name of Nebraska. He moved 
the southern boundary up to thirty-seven degrees north lati- 
tude in order that it might coincide with the boundary be- 
tween the Osages and Cherokees. The question of slavery 
was left to be decided by the people of said Territories through 
their appropriate representatives. The section providing for 
electing a Delegate is amended by adding to the words " that 
the Constitution and all the laws of the United States \vhich 
arc not locally inapplicable shall have the same force and eifeot 
within the said Territory as elsewhere in the United States," 
the following : 

" Except the 8th section of the act preparatory to the ad- 



68 HISTORY OF KANSAS TERRITORY. 

mission of Missouri, approved March 6, 1820, which was bu- 
perceded by the legislation of 1850, commonly called the 
Compromise Measure, and is declared inoperative. 

The bill thus reported by Mr. Douglas was debated at 
length in the Senate The arguments employed by the dis- 
putants were the same as those employed in the similar dis- 
cussion of 1820 with two additional ones. The EestrictioniMs 
now had besides all their other arguments, the Missouri Com- 
promisej/oreyer prohibiting slavery from the territory in ques- 
tion, which had been regarded as sacred for more than a score 
and a half of years. The Anti-Bestridionists had the famous 
doctrine of Squatter Sovereignty, which, claiming for itself 
absolute orthodoxy, utterly repudiated all quondam legisla- 
tion not in harmony wath it, disdained precedents and over- 
swept ever}^ logical barricade. 

On the 15th of February Mr. Douglas moved that the 
clause, declaring that the Restriction of 1820 superceded by 
the legislation of 1850, bo stricken out, and in lieu thereof, 
had inserted the clause of similar nature now found in the 
Ordinance. Mr. Chase then moved to have the following 
added : 

" Under which the people of the Territories through their 
appropriate representatives, may if they see tit, prohibit the 
existence of slavery therein." 

But this motion was lost by 36 nays to 10 yeas. Thus 
the people of these territories wdiich had been shielded from 
slavery by the compromise of 1820, were not allowed by this 
act to exclude slavery if they wished. On motion of Mr. 
Badger, of North Carolina, the following amendment w^as 
added. 

a Provided, That nothing herein shall be construed to re- 
vive or put in force any law or regulation which may have 
existed prior to the act of 6th of March, 1820, either pro- 
tecting, establishing, abolishing or prohibiting slavery." 



TRIUMPH OF SLAVERY. 69 

This motion elicited considerable discussion, many con- 
tending that it infringed upon the principles of non-interven- 
tion by Congress. 

Mr. Clayton, of Delaware, attached the following provis- 
ion : 

'^Provided That the right of suffrage and of holding office 
shall be exercised only by citizens of the United States." 

Mr. Chase then proposed to strike out the second section 
and insert a provision for dividing the territory into election 
precincts, appointing places of election, etc., so that the peo- 
ple could choose their own Governor and Legislators. But 
the motion was defeated by 30 nays to 10 yeas. 

The bill on coming from the Committee of the AVhole was 
concurred in' by the Senate. 

In the House Mr. Richardson, of Illinois, Chairman of 
the Committee on Territories, reported a bill' for organizing 
Nebraska and Kansas Territories, similar to that reported in 
the Senate by Mr. Douglas. 

This bill was referred to the Committee of the Whole on 
the state of the Union, which was regarded as equivalent to 
its rejection. No further action was taken upon it until the 
8th of May, when other bills on the calendar were laid aside 
and it taken uj); whereupon Mr. Richardson offered the Sen- 
ate bill as a substitute. An effort "was made on the 11th to 
have the debate upon the subject close on the following day 
at 12 o'clock M., which occasioned a violent and protracted 
session of thirty-six hours. It was afterwards fixed that the 
debate should close on the 20th of May. During the discus- 
sion which followed, various attempts were made to insert a 
clause in the bill giving to the people of the territory the 
right to prohibit slavery therein through their appropriate 
representatives if they saw fit. On the 22nd of jSIay, Mr. 
Stephens, of Georgia, made a skillful parliamentary move- 

1. March 3. 2 Jan, 31. 

7 



70 HISTORY OP KANSAS TEERITORY. 

ment by which the bill was quickly forced through. He 
moved that the enacting words of the bill be stricken out, 
which has precedence of all motions to amend, and is re- 
garded as equivalent to the rejection of a measure. The 
vote upon this motion was immediately pressed, which re- 
sulted in 103 ayes and 22 noes; many of its opponents refus- 
ing to vote. Thereupon the Committe arose and reported its 
action to the Ilouse which refused to concur in the amend- 
ment, striking out the enacting clause. Mr. Richardson 
then moved an amendment by which all after the enacting 
clause was stricken out and in lieu thereof introduced the 
Senate bill (except Mr. Clayton's amendment) and demanded 
the previous question. The amendment was accordingly 
passed ; the bill engrossed, read a third time and adopted 
by 113 yeas to 100 nays. The Congressional Globe says: 

"[The announcement of the vote was received with pro- 
longed clapping of hands, both in the House ad Galleries 
and cries of " Order ! Order ! " ] 

" The Speaker — ^^Unless order is preserved, the Chair will 
order the galleries to be cleared." 

" Mr. Stuart of Michigan — ( in his seat ), The trouble is 
not in the galleries." 

This bill passed the House as an original bill of that body, 
and was sent to the Senate for concurrence. An unsuccess- 
ful attempt ^vas now made to reinsert Mr. Clayton's amend- 
ment excluding foreigners from certain civil privileges. In 
the course of the debate which ensued Senator Atchison, of 
Missouri, said : 

"Mr. President, I voted for the amendment of the Senate 
bill proposed by the Senator from Delaware, but I must say 
now that I concur with the Senator from Georgia. I have 
not, however, changed my opinion, which I entertained then, 
that none but American citizens, native-born or naturalized, 
should be entitled to the right of sufirage or hold office either 
in the States or Territories of this country. But, Sir, there 
is a higher principle involved in this measure. There is no 



\, 



TRIUMPH OF SLAVERY. 71 

constitutional question in my opinion involved in voting 
either for or against this amendment. It is a mere question 
of policy and that question of policy I am willing to yield for 
the sake of a higher principle entertained in this bill. Sir, 
I would vote for this bill, although there might be not only 
one, but one thousand obnoxious principles contained in it. 
I would vote for it because it blots out that infamous, — yes, 
sir, I think it a proper term to use — that infamous restriction 
passed by the Congress of 1820, commonly called the Mis- 
souri Compromise, passed when the State which I now in 
part have the honor to represent, asked admission into the 
IJnion of these States, and it was made a condition, an infam- 
ous condition, that slavery should be excluded from all the 
territory acquired from France, then called Louisiana, north 
of 36° 30' north latitude. Yes, Sir, if this bill contained one 
thousand obnoxious priniples, with the repeal of that infam- 
ous 'Compromise,' as it is called, I should vote for it. 
When this is done we shall have achieved what, after thirty 
years of struggle, has only been consummated at this ses- 
sion." 

This exhibits the feeling with which slavery propagandists 
regarded the Missouri Compromise — a restriction which they 
had solemnly and voluntarily applied to slavery themselves 
in order that they might gain other ends. But after they had 
secured all the advantages of these concessions on the part of 
of Free Labor, they break down the barrier of plighted 
faith and demand all that they had of their own accord 
surrendered up. 

The bill which passed the Senate on the 25th and received 
the signature of the President on the 30th of May, 1854, 
will be found in the following chapter : 

It is very evident that the scheme of organizing two terri- 
ries instead of one, was designed to keep up the balance of 
power between the northern and southern States. The lat- 
ter who saw that no reasonable objection could be interposed 
sooner or later against the organization of Nebraska, which 
must necessarily be a free Territory, determined, in order to 
preserve the equilibrium of power, to divide it into two ter- 



.72 * HISTORY OF KANSAS TEKEITORY. 

ritories, one of which would, as necessarily, by the repeal of 
the Missouri Compromise, come into the Union as a Slave 
State. That this was the real design and understanding of 
those who originated and supported the Nebraska-Kansas 
Bill is fully shown -by what followed. 



ORGANIC ACT. 73 



CHAPTER VII. 

AN ACT TO ORGANIZE THE TERRITORY OF KANSAS. 

Section 19. And be it further enacted, That all that part 
of the territory of the United States included within the fol- 
lowing limits, except such portions thereof as are herein- 
after expressly exempted from the operations of this act, to 
wit : beginning at a point on the western boundary of the 
State of Missouri, where the thirty-seventh parallel of north 
latitude crosses the same ; thence west on said parallel to the 
eastern boundar}^ of New Mexico ; thence north on said 
boundary to latitude thirty-eight ; thence following said 
boundary westward to the east boundary of the Territory of 
Utah, on the summit of the Rocky Mountains ; thence north- 
ward on said summit to the fortieth parallel of latitude ; 
thence east on said parallel to the western boundary of the 
State of Missouri ; thence south with the western boundary 
of said State, to the place of beginning, be, and the same is 
hereby created into a temporary government by the name of 
the Territory of Kansas, and when admitted as a State or 
States, the said Territory, or any portion of the same, shall 
be received into the Union with or without slavery, as their 
constitution may prescribe at the time of their admission ; 
Provided, That nothing in this act contained, shall be con- 
strued to inhibit the government of the United States from 
dividing said Territory into two or more Territories, in such 
manner and at such times as Congress shall deem convenient 



74 HISTOEY OF KANSAS TEKRITOEY. 

and proper, or from attaching any portion of said Territory 
to any other State or Territory of the United States ; Pro- 
vided further. That nothing in this act contained shall be 
construed to impair the rights of person or property now 
pertaining to the Indians in said Territory, so long as such 
rights shall remain unextinguished by treaty between the 
United States and such Indians, or to include any territory 
which by treaty with any Indian tribe is not, without the 
consent of said tribe, to be included within the territorial 
limits or jurisdiction of any State or Territory ; but all such 
territory shall be excepted out of the boundaries, and con- 
stitute no part of the Territory of Kansas, until said tribe 
shall signify their assent to the President of the United 
States to be included within the said Territory of Kansas, 
or to affect the authority of the government of the United 
States to make any regulation respecting such Indians, their 
lands, property, or other rights, by treaty, law, or otherwise, 
Avhich it would have been competent to the government to 
make if this act had never passed. 

Sec. 20. And he it further enacted, That the executive 
power and authority in and over said Territory of Kansas, 
shall be vested in a Governor, Avho shall hold his office for 
four years, and until his successor shall be appointed and 
qualified, unless sooner removed by the President of the 
United States. The Governor shall reside within said Ter- 
ritory, and shall be commander-in-chief of the Militia 
thereof. He may grant pardons and respites for offenses 
against the laws of said Territory, and reprieves for offenses 
against the laws of the United States, until the decision of 
the President can be made known thereon ; he shall com- 
mission all officers who shall be appointed to office under the 
laws of said Territory, and shall take care that the la^vs be 
faithfully executed. 

Sec. 21, And be it further enacted.., That there shall be a 
Secretary of said Territory, who shall reside therein, and 
hold his office for fiv'e years, unless sooner removed by the 



ORGANIC ACT. 75 

l*resideiit of the United States ; he shall record and preserve 
all the laws and proceedings of the Legislative Assembly 
hereinafter constituted, and all the acts and proceedings of 
the Governor in his executive department ; he shall trans- 
mit one copy of the laws and journals of the Legislative 
Assembly, within thirty days after the end of each session, 
and one copy of the executive proceedings and official cor- 
respondence semi-annually, on the first days of January and 
July in each year, to the President of the United States ; 
and two copies of the laws to the President of the Senate 
and to the Speaker of the House of Representatives, to be 
deposited in the libraries o± Congress; and in case of the 
death, removal, resignation or absence of the Governor from 
the Territory, the Secretary shall be, and is hereby author- 
ized and required, to execute and perform all the powers and 
duties of the Governor during such vacancy or absence, or 
until another Governor shall be duly appointed and qualified 
to fill such vacancy. 

Sec. 22. And be it further enacted, That the legislative 
power and authority of said Territory shall be vested in the 
Governor and a Legislative Assembly. The Legislative 
Assembly shall consist of a Council and House of Repre- 
sentatives. The Council shall consist of thirteen members, 
having the qualifications of voters, as hereinafter prescribed, 
whose term of service shall continue two years. The House 
of Representatives shall, at its first session, consist of twen- 
ty-six members, possessing the same qualifications as pre- 
scribed for members of the Council, and whose term of ser- 
vice shall continue one year. The number of representatives 
may be increased by the Legislative Assembl}^, from time to 
time, in proportion to the increase of qualified voters ; Pro- 
vided, That the whole number shall never exceed thirty-nine. 
An apportionment shall be made, as nearly equal as practi- 
cable, among the several counties or districts, for the election 
of the Council and Representatives, giving to each section of 
the Territory rep)resentation in the ratio of its qualified vo- 



76 HI>ST(3RY OF KANSAS TERRITORY. 

ters, as nearly as may be. And the members of the Connoil 
and House of Representatives shall reside in, and be inhabi- 
tants of, the district, or county or counties, for which they 
may be elected, respectively. Previous to the first election, 
the Governor shall cause a census, or enumeration of the 
inhabitants and qualified voters of the several counties and 
districts of the Territory, to be taken by such persons, and in 
such mode as the Governor shall designate and appoint; and 
the person so appointed shall receive a reasonable compensa- 
tion therefor. And the first election shall be held at such 
time and places, and be conducted in such manner, both as 
to the persons who shall superintend such election and the re- 
turns thereof, as the Governor shall appoint and direct ; and 
he shall, at the same time, declare the number of members 
of the Council and House of Representatives to which each 
of the counties or districts shall be entitled under this act. 
The persons having the highest number of legal votes in each 
of said council districts for members of the Council, shall be 
declared by the Governor to be duly elected to the Council ; 
and the persons having the highest number of legal votes for 
the House of Representatives, shall be declared by the Gov- 
ernor to be duly elected members of said House; Provided, 
That in case two or more persons* voted for shall have an 
equal number of votes, and in case a vacancy shall otherwise 
occur in either branch of the Legislative Assembly, the Gov- 
ernor shall order a new election ; and the persons thus elected 
to the Legislative Assembly, shall meet at such place and on 
such day as the Governor shall appoint ; but thereafter, the 
time, place and manner of holding and conducting all elec- 
tions by the people, and the apportioning the representation 
in the several counties or districts, to -the Council and House 
of Representatives, according to the number of qualified vo- 
ters, shall be prescribed by law, as well as the day of the 
commencement of the regular sessions of the Legislative As- 
sembly ; Provided, That no session, in any one year, shall 



ORGANIC ACT. 77 

exceed the term of forty days, except the first session, ^YlHeh 
may continue sixty days. 

Sec. 23. And be it J'luiher enacted, That every free white 
male inliabitant above the age of twenty-one years, who shall 
be an actual resident of said Territory, and shall possess the 
qualifications hereinafter prescribed, shall bo entitled to vot(! 
at the first election, and shall be eligible to iiny office within 
the said Territory ; but the qualifications of voters, and of 
holding office, at all subsequent elections shall be such as shall 
be prescribed by the Legislative Assembly ; Provided, That 
the right of suffrage and of holding office sliall be exercised 
only by citizens of the United States and those who have de- 
clared on oath their intention to become such, and shall have 
taken an oath to support the Constitution of the CJnited 
States, and the provisions of this Act; And. provided further, 
That no officer, soldier, seaman or marine, or attached to 
troops in the service of the United States, shall be allowed to 
vote or hold office in said Territory, by reason of being on 
service therein. 

Sec. 24. And be it further enacted. That the legislative 
power of the Territory shall extend to all rightful subjects of 
legislation, consistent with the Constitution of the United 
States and the provisions of this Act ; but no law shall be 
passed interfering with the primary disposal of the soil ; no 
tax shall be imposed upon the property of the United States; 
nor shall the lands or other property of non-residents be taxed 
higher than the lands or property of residents. Every bill 
which shall have passed the Council and House of Kepresen- 
tatives of the said Territory, shall, before it becomes a law, 
be presented to the Governor of the Territory ; if he ap- 
prove, he shall sign it; but if not, he shall return it with his 
objections to the House in which it originated, who shall en- 
ter the objections at large on their journal, and proceed to re- 
consider it. If, after such reconsideration, two-thirds of tha t 
House shall agree to pass the bill, it shall be sent, together 
with the objections, to the other House, by which it shall like- 



78 HISTORY OF KANSAS TERRITORY. 

wise be reconsidered, and if upproved by two-thirds of tliut 
House, it shall become a law. But in all such cases, the votes 
of both Houses shall l)e determined by yeas and nays, to be 
entered on the Journal of each House, respectively. If any 
bill shall not be returned by the Governor witliin three days 
— Sundays excepted — after it shall have been presented to him, 
the same shall be a hiw in like manner as if he had signed it, 
unless the Assembly, by adjournment, prevent its return, in 
which case it shall not be a law. 

Sec. 25. And be it further enacted, That all township, dis- 
trict and county officers, not herein otherwise provided for, 
shall be appointed or elected, as the case may be, in such 
manner as shall be provided by the Governor and Legislative 
Assembly of the Territory of Kansas. The Governor shall 
nominate, and by and with the advice and consent of the 
Legislative Council appoint all officers not herein otherwise 
provided for ; and in the first instance the Governor alone 
may appoint all said officers, who shall hold tlieir offices un- 
til the end of the first session of the Legislative Assembly ; 
and shall lay off the necessary districts for members of tlie 
Council and House of Representatives, and all other of- 
ficers. 

Sec. 26. And. be it further enacted, That no member of 
the Legislative Assembly shall hold, or be appointed to any 
office Avhich shall have been created, or the salary or emol- 
uments of which shall have been increased while he was a 
member, during the term for which he was elected, and for 
one year after the expiration of such term, but this restric- 
tion shall not be applicable to members of the first Legisla- 
tive Assembly ; and no person holding a commission or ap- 
pointment under the United States, except postmasters, shall 
1)6 a member of the Legislative Assembly, or shall hold any 
office under the government of said Territory. 

Sec. 27. And be it further enacted. That the judicial power 
of said Territory shall be vested in a Supreme Court, Dis- 
trict Courts, Probate Courts and in Justices of the Peace. — 



ORGANIC ACT. 79 

The Supreme Court sliall consist of ii Chief Justice and two 
Associate Justices, and two of whom shall constitute a quo- 
rum, and who shall hold a term at the seat of government 
of said Territory, annually, and they shall hold their offices 
(luring a period of^foui' years, and until their successors shall 
1)6 appointed and qualiiied. The said Territory shall be di- 
vided into three judicial districts, and a District Court shall 
l)e held in each of said districts by one of the justices of the 
Supreme Court, at such time and places as may be pre- 
scribed by law; and the said judges shall, after their ap- 
pointments, res])ectively reside in the district which shall be 
assigned them. The jurisdiction of the several courts herein 
provided for, both apj^ellate and original, and that of the 
Probate Courts and Justices of the Peace, shall be as limited 
by law; Provided, That Justices of the Peace shall not have 
jurisdiction of any matter in controversy when the title or 
boundaries of laud may be in dispute, or where the debt oj- 
sum claimed shall exceed one hundred dollars; and the said 
Supreme and District Courts, respectively shall, possess 
chancery as well as common la^^' jurisdiction. Each District 
Court or the judge thereof, shall appoint its clerk, who shall 
also be tlie register m chancery, and shall keep his office at 
the place where the court may be. held. Writs of error, bills 
of exception and appeals may l^e allowed in all cases from 
the final decision of said District Courts, to the Supreme 
Court, under such regulations as may be prescribed by law ; 
but in no case removed to the Supreme Court, shall trial by 
jury be allowed in said court. The Supreme Court or the 
justices thereof, shall appoint its own clerk, and every clerk 
shall hold his office at the pleasure of the court for which 
he shall have been appointed. Writs of error and appeals 
from the linal decision of said Supreme Court shall be al- 
lowed, and may be taken to the Supreme Court of the 
United States, in the same manner and under the same regu- 
lations as from the Circuit Courts of the United States, where 
the value of the property or the amount in controversy, to 



80 HISTORY OF KANSAS TERRITORY. 

be ascertained by the oath or affirmation of either party or 
other competent witnesses, shall exceed one thousand dol- 
lars ; except that in all cases involving title to slaves, the said 
writs of error or appeals shall be allowed and decided by 
said Supreme Court, without regard to the value of the mat- 
ter, property or title in controversy ; and except, also, that a 
writ of error or appeal shall also be allowed to the Supreme 
Court of the United States, from the decision of the said 
Supreme Court created by this act, or any judge thereof, or 
of the District Courts created by this act or any judge 
thereof, upon any writ of habeas corpus, involving the ques- 
tion of personal freedom ; Provided, That nothing herein 
contained shall be construed to apply to or effect the provis- 
ions of the " Act respecting fugitives from justice, and per- 
sons escaping from the services of their masters," approved 
Feb. twelfth, seventen hundred and ninety-three, and the 
"Act to amend and supplementary • to said act," approved 
September eighteenth, eighteen hundred and fifty ; and each 
of the said District Courts shall have and exercise the same 
jurisdiction, and in all cases arising under the Constitution 
and laws of the United States as is vested in the Circuit and 
District Courts of the United States ; and the said Supreme 
Courts of the said Territory and the respective judges thereof, 
shall and may grant writs of habeas corpus in all cases in 
Avhich the same are granted by the judges of the United 
States in the District of Columbia ; and the first six days of 
every term of said courts arising under the Constitution and 
laws,, and writs of error and appeal in all cases shall be made 
to the Supreme Court of said Territory, the same as in other 
cases. The said clerk shall receive the same fees in all such 
cases which the clerks of the District Courts of Utah Territory 
now receive for fimilar services. 

Sec. 28. And, be it further enacted, That the provisions of 
the act entitled "An act respecting fugitives from justice, and 
persons escaping from the service of their masters," approved 



ORGANIC ACT. 81 

Feb. twelfth, seventeen hundred and ninety-three, and the 
provisions ef an act entitled "An act to amend, and suppla- 
nientary to the aforesaid act," approved September eighteenth, 
eighteen hundred and fifty, be and the same is hereby declared 
to extend to and to be in full force within the limits of the said 
Territory of Kansas. 

Sec. 29. A7id be it further enacted, That there shall be ap- 
pointed an attorney for said Territory, who shall continue in 
otfice for four years, and until his successor shall be appointed 
and qualified, unless sooner removed by the President, and 
who shall receive the same fees and salary as the attorney of 
tlie United States for the present Territory of Utah. There 
shall also be a marshal for tlie Territory, appointed, who shall 
hold his ofiice for four years, and until his successor shall be 
appointed and qualified, unless sooner removed by the Presi- 
dent, and who shall execute all processes issuing from the said 
courts when exercising their jurisdiction as circuit and district 
courts of the United States ; he shall perform the duties, be 
subject to the same regulations and penalties, and be entitled 
to the same fees as the marshal of the district court of the 
United States for the present Territory of Utah, and shall, in 
addition, be paid two hundred dollars annually, as a compen- 
sation for extra services. 

Sec. 30. And be it further enacted, That the Governor, Sec- 
retary, Chief Justice and ' Associate Justices, Attorney an d 
Marshal, shall be nominated, and by and with the advice and 
consent of the Senate, appointed by the President of the 
United States. The Governor and Secretary to be appointed 
as aforesaid, shall, before they act as such, respectively take an 
oath or aflirmation before the District Judge or some Justice 
of the Peace in the limits of said Ten-itory, duly authorized 
to administer oaths and affirmations by the laws now in lorce 
therein, or before the Chief Justice or some Associate Justice 
of the Supreme Court of the United States, to support the 
Constitution of the United States, and faithfully to discharge 
the duties of their respective offices, which said oaths, when 



82 HISTORY OF KANSAS TEEEITORY. 

SO take», shall be certified by the person by whom the same 
shall have been taken ; and such certificate shall be received 
and recorded, by the said Secretary, among the executive pro- 
ceedings ; and the Chief Justice and Associate Justices, and 
all other civil officers in said Territory, before they act as such, 
shall take a like oath or affirmation before the said Governor 
or Secretary, or some Judge or Justice of the Peace of tlie 
Territory, who may be duly commissioned and qualified, 
whicli said oath or affirmation shall be certified and transmil- 
ted by the person taking the same, to the Secretary, to be by 
him recorded as aforesaid ; and, afterwards, the like oath or 
affirmation shall be taken, certified and recorded, in such man- 
ner and form as may be prescribed by law. The Govei'uor 
shall receive an annual salary of two thousand five hundred 
dollars. The Chief Justice and Associate Justices shall re- 
ceive an annual salary of two tliousand dollars. The Secre- 
tary shall receive an annual salary of two thousand dollars. 
The said salaries shall be paid quarter-yearly, from the dates 
of the respective appointments, at the treasury of the United 
States ; but no such payment shall be made until said officers 
shall have entered upon the duties of their respective appoint- 
ments. The members of the Legislative Assembly shall be 
entitled to receive three dollars each per day, during their 
attendance at the sessions thereof, and three dollars each for 
every twenty miles travel in going to and returning from the 
said sessions, estimated according to the nearest usually trav- 
eled route ; and an additional allowance of three dollars shall 
be paid to the presiding officer of each House, for each day he 
shall so preside. And a chief clerk, one assistant clerk, a 
sergeant-at-arms and door-keeper, may be chosen for each 
House; and the chief clerk shall receive four dollars per day, 
und the said other officers three dollars per day during the 
session of the Legislative Assembly ; but no other officers shall 
be paid by the United States ; Provided, That there shall be 
but one session of the Legislature annually, unless, on an ex- 
traordinary oc.'casion, the Governor shall think proper to call 



ORGANIC ACT. 83 

the Legislature together. There sliall be appropriated annu- 
ally, the usnal sum to be expended by the Governor, to defray 
the contingent expenses of the Territory, including the salary 
of a clerk of the executive department ; and there shall also 
be appropriated annually, a sufficient sum to be expended bv 
the Secretary of the Territory, and upon an estimate to be 
made by the Secretary of the Treasury of the United States, 
to defray the expenses of the Legislative Assembly, the print- 
ing of the laws and other incidental expenses ; and the Gov- 
ernor and the Secretary of the Territory shall, in the dis- 
bursement of all moneys intrusted to them, be governed solely 
by the instructions of the Secretary of the Treasury of the 
United States, and shall, semi-annually, account to the said 
Secretary for the manner in which the aforesaid moneys shall 
have been expended ; and no expenditure shall be made by 
said Legislative Assembly for objects not specially authorized 
by the acts of Congress making the appropriations, nor be- 
yond the sums thus appropriated for such objects. 

Sec. 31. And be. it further enacted, That the seat of gov- 
ernment of said Territory is hereby temporarily located at 
P^ort Leavenworth ; and that such portions of the public 
buildings as may not be actually used dnd needed for 
military purposes, may be occupied and used under the di- 
rection of the Governor and Legislative Assembly, for such 
public purposes as may be required under the provisions of 
this act. 

Sec. 32 And he it further enacted, That a delegate to the 
House of Representatives of the United States, to serve for 
the term of two years, who shall be a citizen of the United 
States, may be elected by the voters qualified to elect members 
of the Legislative Assembly, who shall be entitled to the 
same rights and privileges as are exercised by the delegates 
from the several other Territories of the United States to the 
said House of Representatives; but the delegate first elected 
shall hold his seat only during the term of Congress to which 
he shall be elected. The first election shall be held at such 



V 



84 HISTORY OF KANSAS TERRITORY. 

times aud places, and be conducted in sucli mauiier as the 
Governor shall appoint and direct; and at all subsequent elec- 
tions, the times, places and manner of holding the election, 
shall be prescribed by law. The person having the greatest 
]iumber of votes shall be declared, by the Governor to be 
duly elected, and a certificate thereof shall be given accord- 
ingly. That the Constitution, and all laws of the United 
States which arc not locally inapplicable, shall have the same 
force and effect within the said Territory of Kansas as else- 
where within the United States, except the eighth section of 
the act preparatory to the admission of Missouri into tl.ie 
Union, approved March sixth, eighteen luindred and twenty, 
which being inconsistent with the principle of non-interven- 
tion by Congress Avith slavery in the States and Territories, 
as recognized by the legislation of eighteen hundred and fifty, 
comniolily called tlie compromise measures, is hereby declared 
inoperative and void ; it being the true intent and meaning of 
this aqtnot to legislate slavery into any Territory, or States, 
nor to exclude it therefrom, but to leave the people thereof 
perfectly free to form and regulate their domestic institutions 
in their own v/ay, subject only to the Constitution of the 
United States; Provided, That nothing herein contained shall 
be construed to revive or put in force any law or regulation 
wiiich may have existed prior to the act of the sixth of 
March, eighteen hundred and twenty, either protecting, es- 
tablishing, prohibiting or abolishing slavery. 

Sec. 33. And he it further enacted,. That there shall hereaf- 
ter be appropriated, as has been customary for the Territorial 
governments, a sufficient amount, to be expended under the di- 
rection of the said Governor of the Territory of Kansas, not 
exceeding the sums heretofore appropriated for similar objects, 
for the erection of suitable public buildings at the seat of gov- 
ernment, and for the purchase of a library, to be kept at the 
seat of government for the use of the Governor, Legislative 
Assembly, Judges of the Supreme Court, Secretary, Marshal 



ORGANIC ACT. 85 

and Attorney of said Territory, and such other persons, under 
such regulations, as shall be prescribed by law. 

Sec. 34. And be it further enacted, That when the lands in 
the said Territory shall be surveyed under the direction of the 
government of the United States, preparatory to bringing 
the same into market, sections numbered sixteen and thirty- 
six in each township in said Territory, shall be, and the same 
are hereby reserved for the purpose of being applied to schools 
in said Territory, and in the States and Territories hereafter 
to be erected out of the same. 

Sec. 35. And be it further enacted, That until otherwise 
provided by law, the Governor of said Territory may define 
the judicial districts of said Territory, and assign the Judges 
who may be appointed for said Territory to the several dis- 
tricts ; and also appoint the times and places for holding courts 
in the several counties or sub-divisions in each of said judicial 
districts, by proclamation, to be issued by him ; but the Legis- 
lative Assembly, at their first or any subsequent session may 
organize, alter or modify such judicial districts and assign the 
Judges, and alter the times and places of holding the courts, 
as to them shall seem proper and convenient. 

Sec. 36. Arul be it further enacted, That all officers to l)c 
appointed by the President, by and with the advice and con- 
sent of the Senate, for the Territory of Kansas, who, by vir- 
tue of the provisions of the laws now existing, or Avliich may 
be enacted during the present Congress, are required to give 
security for the moneys entrusted with them for disbursement, 
and shall give such security at such time and place and in such 
manner as the Secretary of the Treasury may prescribe. 

Sec. 37. And be it farther enacted, That all treaties, laws, 
and other engagements made by the government of the United 
States with the Indian tribes inhabiting the Territories em- 
braced within this act, shall be faithfully and rigidly observed, 
notwithstandmg any thing contained in this act ; and that the 
existing agencies and superintendencies of said Indians be 
9 



86 HISTORY OF KANSAS TERRITORY. 

continued with the same powers and duties which are now 
prescribed, except the President of the United States may, 
at his discretion, change the location of the office of the Su- 
perintendent, 

Approved, May 30, 1854. 



ANTIQUITIES OF KANSAS. 87 



CHAPTER VIII. 

ANTIQUITIES OF KANSAS. — 1705-1854. 

Kansas cannot boast of a remote antiquity. Her soil never 
became the scene of stirring events until of late years. Her 
level and far-reacbing prairies afforded but little temptation to 
the early adventurer. Ko ideal gold mine or opulent Indian 
city were ever located within her boundary. 

The name Kansas, signifying smoky, is derived from the 
chief river running from the east through the centre of the 
State ; the name of the river having been derived from that 
of the tribe of Indians inhabiting its borders towards its 
mouth. It is variously spelled by early writers, Cansan, 
Kanson, Kanzas; but since the organization of the Ter- 
ritory it has been written Kansas. The Kansas Indians are 
sometimes called Kaws — a nick-name given them by the 
French. 

In 1705 the French explored the Missouri River as far as 
the mouth of the Kansas. They were kindly received by thi> 
natives, and were soon engaged in a profitable trade with 
them, which they continued to carry on for more than a cen- 
tury afterwards. These were the first Europeans that beheld 
the soil and river of Kansas. 

In 1719 M. Dutisne, a young French oflacer, was sent out 
with a party by Beinville, Governor of Louisiana, on an ex- 
ploring expedition. He ascended the Mississippi as far as the 
Sabine river, and thence traveled westward over a rocky, 
broken and timbered country, about three hundred miles arf 
near as he could judge, until he came to the principal vilage 



88 HISTOEY OF KANSAS TEEEITOEY. 

of the Osages. As he describes the village, it was then situ- 
ated on a hill, five miles from the Osage liiver, and contained 
about one hundred cabins. These Indians spent but a small 
part of their time at the village^ being engaged in the chase 
at a distance. 

Traveling thence to the north-west one hundred and twenty 
miles, he visits the Panoucas. They lived on the prairie 
which abounded in butFaioes, in two villages of about one hun- 
dred and thirty cabins. They had three hundred fine horses 
which they prized very highly. Then he advanced westward 
four hundred and fifty miles to the Paonis," a very brave and 
warlike nation. Here he takes formal possession of the 
country in the name of his King by erecting a cross with the 
arms of France, Sept. 27th, 1719. He now turns back and 
directs his march to the Missouri liiver, three hundred and 
fifty yards from which he discovers the village of the Mis- 
souries. Thus so early the French have discovered and ex- 
plored the Territory of Kansas, and had opened a live! 3^ 
trafiic with the Indians, which was kept up for a century 
afterwards. 

The Spaniards, who always repelled with alacrity every 
western advance of the French, having driven them from 
Texas, determined to have command of the Missouri Eiver 
before their rivals had permanently established themselves 
upon its border. They had heard of M. Dutisne's tour 
through the territory and knew that success required celerity. 
They sought by possessing themselves of the Missouri River, to 
command its waters and enjoy its commerce by restricting the 
French on the Illinois side of the Mississippi. Their object 
was first to concj[uer the Missouries who lived upon the banks 
of that river, and who were friendly to the French, and es- 
tablish there a colony. The Pawnees, who dwelt west of 
the aforesaid Indians, were at war with them, and the Span- 
iards hoped to enlist tke former as allies in the undertaking. 

1. Supposed to be the Pawnees. 2. This tribe cannot be identified. 



ATNTIQUITIES OF KANSAS. 89 

Accordingly a numerous caravan set out from Santa Fe in 
1720 to take possession of the country along the Missouri and 
establish upon its borders a colony. They first sought the 
Pawnee villages in their march, but losing their way, they 
unfortunately fell in with the Missourie s whose destruction 
they had planned. Mistaking them for the Pawnees, they 
made known their designs, and solicited their co-operation. 
The Missouries manifesting not the least astonishment at this 
unexpected visit and startling communication, requested time 
to assemble their warriors. In forty-eight hours two thous- 
and assembled in arms. They attacked the Spaniards in the 
night and killed the whole party except one priest who es- 
#caped on horseback and returned to Santa Fe, where the rec- 
ords of this account are preserved. 

This battle occurred a little below Fort Leavenworth, on 
the banks of the Missouri. 

The French apprised of this bold undertaking of the Span- 
iards in advancing almost one thousand miles from their pos- 
sessions into this unexplored countiy, resolved to establish a 
fortification in that direction. Accordingly INI. de Bourg- 
mont was dispatched with a considerable force, who ascended 
the Mississippi and Missouri Rivers to an island in the latter 
above the mouth of the Osage Piver a short distance, and 
established on it Fort Orleans. 

At this time the Padoucas, who lived north-west of the 
Missouries, were at Avar with the latter and their allies, the 
Kansas, Ottoes, Osages and lowas. The above mentioned 
officer in 1724, made an extensive exploration from Fort Or- 
leans to the north-west, accompanied by a few soldiers and 
some friendly Indians, for the purpose of establishing friend- 
ship among the native tribes and opening and strengthening 
trade with them. Setting out on the 3d of July, he returned 
on the 5th of November, having successfully accomplished 
his object. 

Lewis and Cark in 1804 made an expedition up the Mis- 



90 HISTORY OF KANSAS TERRITORY. 

souri and across to the Pacific under the direction of the 
Government. They encamped at the confluence of the Kan- 
sas and Missouri Rivers and spent two days. Here they found 
plenty of game. Somewhere near Atchison, they discovered 
the remains of an old French fort and village. A little farther 
up they found a house and a trading-post but met with no 
white people. A negro cook witJi them excited the curiosity 
of the Indians. 

The first steamboat that passed Kansas on the waters of 
the Missouri was the Westerii Engineer in 1819, under the 
command of Major S. H. Long. He, with a corps of Topo- 
graphical Engineers, went on a tour of observation up to the 
Yellow Stone. " The boat was a small one with a stern 
Avheel and an escape pipe so contrived as to emit a torrent of 
smoke and steam through the head of a serpent with a red, 
forked tongue from the bow." This was designed to imitate 
a powerful serpent, vomiting fire and smoke, and lashing the 
water into a foam with its tail, in order to strike terror among 
the Indians. Tradition says that they thought it was a 
" maniteau " which had come to destroy them. 

The fur trade was early prosecuted along the Missouri 
River. In this extensive and lucrative traffic Kansas must 
have participated largely. During the fifteen years previous 
to 180-1 the value of furs annually collected at St. Louis is 
estimated at $203,750. James Pursley was the first hunter 
and trapper to traverse the plains between the United States 
and New Mexico (1802), and consequently the first Anglo- 
American to behold the soil of Kansas. General William 
H. Ashley in 1823 fitted out his first trapping expedition to 
the mountains. He discovered the South Pass and thus 
opened the highway to Oregon and California. For forty 
years the fur trade averaged from two to three hundred 
thousand dollars annually. The last named gentleman alone 
between the years 1824 and 1827 sent fur to St. Louis to the 
value of $180,000.^':-= 



Peck's Annals of the West- 



ANTIQUITIES OP KANSAS. 01 

In the spring of 1823 the great Santa Fe trade from Mis- 
souri originated at Franklin, now Booneville, in Howard 
County, "where the first enterprise was planned and outfit 
procured. It being an experimental trip, the stocks con- 
veyed were slender, comprising a cheap class of goods, which 
were carried on pack mules and. in wagons. This expedi- 
tion proving a success, and awakening bright prospects of 
wealth, it was repeated the following year on a more exten- 
sive scale. In 1825 the Government, having its attention 
directed to this new channel of commerce by Colonel Ben- 
ton, employed Major Sibley to survey and establish a wagon 
road from the Missouri State line to Santa Fe, which has 
been a great thoroughfare of travel ever since. The trade 
increased slowly but gradually during the next twenty-two 
years, the value ot its exports averaging from $50,000 to 
$100,000 per annum. 

The Indian tribes through whose territory the trains had 
to pass soon became very troublesome. They would suddenly 
swoop down upon the unsuspecting encampment of the trans- 
porters, drive ofi:" their draft animals, rob the wagons and 
frequently destroy lives. As but few traders in those days 
started out with more than two or three wagons, considera- 
tions of safety suggested a general rendezvous, from which 
point they could all start together and aflbrd each other mu- 
tual protection. A spot well timbered and watered was se- 
lected for this purpose, which has ever since been known as 
" Council Grove." The caravans that thus collected here, 
numbered hundreds of wagons and thousands of mules, 
horses and oxen, and their departures over the Plains noted 
in the papers through the States. 

The town of Independence, Missouri, was formed soon 
after the opening of this overland traffic and became the 
principal outfitting post. From 1832 to 1848 it held this 
commercial ascendancy and its merchants accumulated vast 
fortunes. In 1834 the first stock of goods was landed a little 
below Kansas City, at Francis Chouteau's log warehouse, 



92 HISTORY OF KANSAS TERRITORY. 

destined for the J^ew Mexico trade. From that time Kansas 
City and AYestport continued to acquire more and more of 
this overland commerce, so tliat by 1850 they had secured its 
complete monopoly. 

According to the record kept by Messrs. Hays & Co. at 
Council Grove, there were engaged in the l^ew Mexico trade 
in 1860, 5,984 men; 2,170 wagons; 464 horses; 5,933 mules; 
17,836 oxen. The wagons were loaded with fifty-five hun- 
dred pounds each on an average, making an aggregate of six 
thousand tons ! The capital employed in carrying on this 
transportation for this season alone was not far from two 
million dollars ! 

To protect this trade and the western frontier from the 
depredations of the Indians the Government in 1827 posted 
a portion of the Third Regiment of United States troops, 
numbering about 200 men, where Fort Leavenworth now 
stands, under command of Major Baker. This post was 
named after the Colonel of this regiment, Henry H. Leaven- 
Avorth. It was at first called a cantonment and the title of 
Fort was not applied until 1832. For several years after its 
establishment the troops were so greatly afflicted by disease 
that in 1829 it was temporarily reduced — the most of the 
troops being sent upon the prairies. In 1830 the Sixth Re- 
giment of Infantry superseded the Third ; and in 1835 it 
was commanded by the Third Division of Dragoons under 
Colonel Dodge, who, in 1845, made an expedition to Pike's 
Peak and back, in which he cultivated the friendship of the 
Prairie Indians.* Fort Leavemvorth attracted but little at- 
tention until the breaking out of the war with Mexico and the 
gold excitement in California when it became a great outfit- 
ting post for western travel and trade. 

Soon after the admission of Missouri as a State into the 
Union, large cessions of land were secured to the United 
States from the natives west of that State. The Government 
then conceived the design and perfected a plan for the trans- 

'■American State Papers. 



ANTIQUITIES OF KANSAS. 93 

ter of all eastern tribes of Indians to the west of the Missis- 
sippi. Tribe after tribe was thus led to migrate westward, 
so that by the middle of the Nineteenth Century not a tribe 
remained in the States. Thus up to the time of the organi- 
zation of this Territory, the lands of Kansas were held and 
inhabited solely by Indians, white people being forbidden by 
the terms of the treaties to settle on them without the con- 
sent of the former. This was literally the Indian Territory, 
and it was the design of the General Government to make 
it the permanent home of the Red Man. 

Fort Scott was made a military post in 1841 to hold the 
Indians in check. A few Government buildings were erect- 
ed, which were sold m 1855 for two or three hundred dollars 
a piece. The American Fur Company formerly had a post 
there. 

From 1843 to 1850 General Fremont made repeated tours 
through this Territory. 

The first train that ever crossed the Plains, over the Rocky 
Mountains, to the Pacific coast, was conducted in 1844 by Mr. 
Neil Gillem. He set out from Buchanan County, Missouri, 
with fifty wagons and one hundred men, and went to Oregon. 
The following year the Mormons assembled near Atchison 
preparatory to crossing the Plains. They made this their 
place of rendezvous for all companies going to Salt Lake for 
several years thereafter. They erected a house here after- 
wards and opened a farm, which is to this day known as the 
Mormon farm. 

In 1845 the Mexican war broke out and Fort Leavenworth 
became the gathering point for soldiers and the shipping point 
for military stores, destined for Mexico. It was across the 
prairies of Kansas that General Kearney made his celebrated 
march to Santa Fe. Immediately afler the termination of 
this war gold was discovered in California, aiid the tide of 
fortune seekers rolled across this soil. Kansas City, Fort 
Leavenworth and St. Joseph were the principal points at 
which the emigrants united into vast caravans, miles in 
10 



94 HISTORY OF KAXSAS TERRITORY. 

length, bound for the land of wealth. In 1849, thirty thou- 
sand, and in 1850 sixty thousand, persons crossed the Plains on 
their journey to the Golden Gate, the chief portion of whom 
crossed the prairies of Kansas. 

As this kind of prairie travel and commerce is passing 
away, it is thought proper to insert an excellent description 
of it by one %yith whom it was perfectly familiar : 

" The wagons, after receiving their loads, severally return 
to the camping places, until all belonging to the train are as- 
sembled. At that 'the order of march' is given. A scene 
then ensues that baffles description. Carriages, wagons, 
men, horses and mules and oxen, appear in chaotic confusion. 
Men are cursing, distressing mulish outcries, bovine lowing, 
farm an all but harmonious concert, above the desouances of 
which the commanding tone of the wagon master's voice only 
is heard. The teamsters make a merciless use of their whip, 
fists and feet. The horses rear, the mules kick, the oxen 
baulk. But gradually order is made to prevail and each of 
the conflicting elements to assume its proper place. The 
commander finally gives the sign of readiness by mounting 
his mule, and soon the caravan is pursuing its slow way along 
the road. 

"The trains reveal their approach at a great distance. 
Long before getting in sight, especially when the wind car- 
ries the sound in the right direction, the jarring and croaking 
of the wagons, the 'gee-ho' and *ho-haw' of the drivers, and 
the reverberations of the whips, announce it in the most un- 
mistakable manner. The traveler coming nearer, the train 
will by degrees rise into sight, just as ships at sea appear to 
emerge from below the horizon. The wagons being all in 
view, the train, when seen a few miles ofi*, from the shining 
vvhite of the covers, and the hull-like appearance of the 
bodies of the wagons, truly looks like a fleet sailing with can- 
vass all spread, over a seeming sea. A further advance will 
bring one up with the train master, who always keeps a mile 
or so ahead, in order to learn the condition of the roads, 
leaving the immediate charge of the train to his assistant. 
On arriving up with the caravan itself, one will pass from 
twenty-five to seventy -five high-boxed, heavy-wheeled wag- 
ons, covered with double sheets of canvass, loaded with from 
fifty to sixty hundred pounds of freight, and drawn by from 



ANTIQUITIES OF KANSAS. 95 



five to six yoke of oxen, or five spans of mules each. One 
driver for every Avagon is attached to the train. From four 
to ten extra hands also accompany it, to fill possible vacan- 
cies. One or more mess wagons, under the superintendence 
of cooks likewise form a part of the cortege, the whole being 
under the supreme command of the wagon master and his 
assistant. As to cooks the crew of the prairie fleet, after hav- 
ing traveled on the Plains a Aveek or two, outshine the deck 
haiids of our steamboats altogether. When ' under sail ' the 
prairie schooners usually keep about thirty yards from each 
other, and as each of them, with its animate propelling power, 
has a length of eighty or ninety feet, a large train requires 
an hour to pass a given point." 



96 HISTORY OF KANSAS TERRITORY 



CHAPTER IX. 

A SURVEY OF THE BATTLE-FIELD AND THE CONTESTANTS BEFORE 
THE CONFLICT. 

When the Nebraska-Kansas Bill passed Congress, Kansas 
contained not a town or settlement of whites. The only in- 
habitants within its boundaries except Indians, were a few 
traders, missionaries and Indian agents. The western limits 
of Missouri were, a few years previous, regarded as the outer 
verge of civilization, and the domain of Kansas as a part of 
the great American Sahara, over which farms, towns and 
cities could never spread — lit only for the nomadic wander- 
ings of the savage, the prowlings of the wolf and the range 
of the buflalo. It was marked on the majj — " Great 
American Desert," as a desolate and sterile waste. And 
there was little in it to excite the cupidity and jealousy of 
bordering States, as it was covered for one hundred miles back 
with reserves for Indians, guaranteed to them in perpetuity 
for homes by the general Government — the policy of pro- 
slavery legislation whereby the territory bequeathed to Fi'ee- 
dom was rendered inaccessible for settlement. 

During the California emigl'ation, the Eastern and Middle 
States became more familiar with this country. Travellers 
in passing through it were struck with its richness, beauty 
and grandeur, and wrote back glowing descriptions of it. 
Many that traversed^ its soil, were the first emigrants to this 
Territorv. But nothwithstanding these lights thrown upon 
the " Far West," most people east of the Mississippi knew 



1854.J SURVEY OF THE BATTLE-FIELD. 97 

nothing of Kansas by name in 1854, and were required to 
purchase new maps to ascertain its location. 

The people of Missouri from the first favored the organi- 
zation of the Territory west of their State, on the principle 
of self-interest. Hon. "VVillard P. Hall, representative from 
Missouri, introduced the first bill for that purpose. Senator 
Atchison opposed it at the first session of the thirty-second 
Congress, but favored it at the second on account of the in- 
structions of his constituents. 

The Missourians had not the least idea or expectation but 
that when it " come in," as they expressed it, it would come 
in as Free Territory, until the question of repealing the ^Mis- 
souri Compromise was raised by pro-slavery politicians. 

The birth-day and parentage of this design cannot be def- 
initely determined. Both Atchison and Douglas claimed 
its paternity. One thing, however, is certain that early m 
1853, the former in the city of Weston on a goods-box made 
a speecli in which he said "he would oppose the admission 
of Nebraska into the Union as a Free State with the last 
drop of his blood; he would oppose the Missouri Compro- 
mise to his last breath; he would have that odious Missouri 
Compromise repealed, which made men either give up their 

negroes, or give to Northern cattle the finest farms in 

Nebraska. American citizens should be privileged to go 
where they pleased and carry their property with them, 
whether that property was furniture, mules or niggers. On 
that question, when it should come up, he pledged himself to 
be faithful; that the Missouri Compromise should be re- 
pealed. Wliat will you do if the Missouri Compromise is not 
repealed? Will you sit down here at home, and permit t/tr 
nigger thiei:€S, the cattle, the vermin of the North to come into 
Nebraska and take up those fertile prairies, run off your ne- 
groes and depreciate the value of your slaves here? I know 
you well ; I know what you will do; you know hoAv to pro- 
tect your own interests ; your own rifles will free you from 
such neighbors and sec\n*e your property. You will go iu 



98 HISTORY OF KANSAS TERRITORY. 

there if necessary with bayonets and with blood. But we 
will repeal the Compromise. I would sooner see the whole of 
Nebraska in the bottom of hell than see it a Free State." 

Mr. Atchison continued to make similar speeches to the 
above during the summer of 1853'over Western Misouri. He 
denounced Hon. Thos. H. Benton, the best friend and purest 
statesman Missouri ever had, as a traitor to his State and an 
abolitionist, because he opposed the repeal of the Missouri 
Compromise. This Cataline of the Border continued his 
harrangues until the feelings of the people were all aflame 
with prejudice and hatred towards persons from the free 
States. V 

Those unacquainted with the inhabitants of the Border at 
that time cannot well comprehend how that public senti- 
ment could 80 easily be swayed and shaped by drunken, vul- 
gar and inflammatory speeches. First were the native Mis- 
sourians, who were a singular class of people and have not per- 
haps, their prototypes in the world — certainly not in the 
United States. Their fathers were chiefly renegades from 
the Eastern States, who had fled to escape the just desert for 
crimes committed. They inherited all the vices of their an- 
cestors, and had learned many new ones. They were incred- 
ulous and suspicious of strangers and easily excited against 
them. When enraged they were as furious as a mad dog and 
as cowardly and unmanly as a jackal. They had no conclu- 
sions, but only beliefs. They never know anything but by 
rumor. They had few ideas and opinions of their own, but 
gather them from their leading men. No matter how clearly 
a stranger might demonstrate a truth to them they would not 
believe it. No matter how absurd a proposition advanced 
by one of their favorite leaders might be, they would'embrace it 
as coming from the Oracle of Truth. Utter stangers to prin- 
ciples, they were never happier than when in meanness. Loud 
in their professions of law and order, there was not a week 
passed during which robberies, murders and disturbances 
were not committed. Whenever an individual became un- 



1854.] SURVEY OF THE BATTLE-FIELD. 99 

. popular in community, he was accused of all kinds of mis-do- 
ings and evil designs, warned to leave-which failing to observe, 
he was attacked by a mob, his property destroyed, and lucky 
he was if he escaped with his life. Infatuated piebians; 
Proud of the appellation of "Sovereigns," which the courting 
politician of the Border flung out like Roman largesses 
among them, their enslavement was worse than that of the 
contemned African. Whiskey was held in high esteem by 
all classes, and celebrated lecturers on temperance were fre- 
quently insulted by continued threats and horrid oaths dur- 
ing their discourses. On a certain occasion at one of the chief 
towns of the Border, a celebrated champion in the temper- 
ance cause was grossly insulted by a ruffian rushing up and 
pulling his nose in the midst of his lecture, while the audience 
applauded the outrage. The following day the city papers 
lavishingly complimented the perpetrator of the offense and 
oiFered in imposing capitals a reward of one cent for the " ab- 
sconded lecturer." 

Of native Missourians there were two classes — the wealthy 
and the poor — holding about the same relation to each other 
as did the planters and the poor whites of the South. The 
poor were much the more numerous ; but being ignorant and 
pecuniarily dependent upon their wealthy neighbors, they were 
the pliant tools of the latter. It is remarkable that Missouri 
though having as large a school fund as any State in the 
Union, has had no system of public schools until recently. 

Both classes of native Missourians along the Border were 
at that time alike i\nscrupulous, ungenerous and ignoble. 
The wealthy, highly aristocratic, possessed all the cravings to 
rule of Southern slave masters. Though full of blarney and 
suavity, with the exterior polish of gentlemen, they would 
not shrink from any measure to attain their ends. ]S[any of 
them had become very wealthy from the commerce of the 
prairies. The above remarks apply entirely to native born 
Missourians — regular, genuine " Pukes." 

With both of these elements were minsrled a lars^e number 



100 HISTORY OF KANSAS TERRITORY. 

froni the free and slave States, the .first of whom generally 
adopted in a great measure the habits, peculiarities and prej- 
udices of the Missourians and became their boon compan- 
ions, during the Kansas troubles, though possessing a great 
deal of native manliness; while the other in most instances 
retained their former feelings and principles, and were the 
staunchest free State men and greatest sufferers during the 
Kansas conflict. 

There were also a peculiar, though powerful, class along 
the Border, composed chiefly of native Missourians, Avho 
might justly be termed the loungers and loafers. They ac- 
companied trains across the Plains, went on hunting expedi- 
tions, and had generally been through the Mexican war. They 
were a powerful class — the military of the Border. They 
formed the mobs, did the stealing and a good share of the 
drinking. They were ever ready for adventure, any thing 
wild and daring. 

The wealthy and aristocratic were enlightened and viciously 
refined. They were the prime movers in every public meas- 
ure, possessing not only the influence and consideration of the 
slave master, but, also, the train master ; they by a little 
strategy and caution controlled the rabble and the poor class 
of inhabitants. It has been said that many of this class did 
not approve of the unjust measures to make Kansas a Slave 
State. While this is true in some cases, it must also be re- 
marked that they enjoy the odious honor of being the insti- 
gators of the outrages which followed, and many of them vied 
with the rabble in the grossness of their conduct and the 
atrocity of their acts. Those who laid claims to respectability 
and honor and who had been so rejmted before the Terri- 
torial troubles, where they entered into the strife, entirely 
.lost sight of their manhood and plunged into the excesses of 
infamy and outrage. ]Many of these individuals since the po- 
litical elements became still, have reinstated themselves in 
the esteem and confidence of society. But while it is be- 
coming that society should throw a mantle of oblivion over 



1854] SURVEY OF THE BATTLE-FIEED. 101 

their past misconduct, it is the painful duty of the faithful 
historian to exhibit the past in its real light. 

Individuals who heartily disapproved of the course pur- 
sued by the Missourians dared not raise their protest against 
it for fear of personal violence or destruction of their prop- 
erty. In cases where the blind and hot-headed policy pur- 
sued, was mildly rebuked, happy was the offender against 
public sentiment if his life and property did not pay the for- 
feit. 

Such was the character of the elements into which the 
fiery and inflammatory appeals of Hon. D. R. Atchison were 
thrown. He understood their character and knew well how 
to prepare them for the coming struggle. As he figured con- 
spicuously in the early part of the Territorial history of Kan- 
sas and has been rather a remarkable man, a short account of 
his life is here given. 

David R. Atchison was born in Fayette County, Kentucky, 
on the 11th day of August, 1807. His father was an indus- 
trious farmer of influence in his neighborhood. David at an 
early age was put into a grammar school, from which he was 
transferred to Transylvania University, where he graduated. 
In 1828 he began the study of law as a student in Lexington 
Law School, w^here he remained for two years. 

After ha^^ng thus finished his school preparation he emi- 
grated to Clay County, then the extreme border of Missouri. 
Adapting himself at once to the society of the frontier, ambi- 
tious of distinction, he soon became a person of notoriety in 
that section of the country. In 1834 he was elected to the 
lower House of the State Legislature, and in 1838 was again 
elected to the same position. He was, during this session of 
the Legislature, chosen Major-General of the Militia that were 
to operate against the Indians. Although he never saw any 
active service, he ever afterwards retained the title of Gen- 
eral. In 1840 he was beaten as a candidate for the Legisla- 
ture by a small majority, and in 1841 was elevated to the 
bench of the Platte Judicial Circuit. After filling this po- 
ll 



102 HISTORY OF KANSAS TERRITORY. 

eitiou witli credit lor two years, he was then chosen by Gov- 
ernor Reynolds to fill the vacancy in the United States Sen- 
ate, occasioned by the death of Dr. Lewis Lynn. In 1844 
he was elected to the same position by the State Legislature, 
and re-elected in 1849. 

Mr. Atchison, being President of the Senate at the time of 
the death of Hon. "William R. King, the Vice-President elect, 
became ex-officio Vice-President of the United States. 

In 1851, when the question of organizing the l^ebraska 
Territorv w^as broached in the LTnited States Senate, Mr. 
Atchison opposed it. At the next session, hoAvever, of the 
same Congress he favored it, though the validity of the Mis- 
souri Comjjroniise had not yet been questioned. But it was 
his intention and that of his constituents to introduce slavery 
into this Territory regardless of prohibitions. He could not, 
however, satisfy his Southern friends of his success in the un- 
dertaking, and the bill failed. 

In the summer of 1853 he boldly announced himself in 
favor of the repeal of the Missouri Compromise, and preached 
in the purest orthodoxy the principles of Popular Sovereignty. 
And consequently the following winter in the Senate he was 
a warm supporter of the Kansas-Nebraska bill. 

He aspired to the Presidency of the United States, and for 
some time had his name in the Border papers as a candidate. 
He ran for the United States Senate at the March election in 
1855, but was badly defeated. The year after his defeat he 
spent the most of his time in Kansas leading the Platte 
County Rifle Company, whose exploits will be duly recorded. 
After the defeat of slavery in Kansas he retired to his farm 
about seven miles from Weston, Missouri, where he yet re- 
sides, taking no part in politics. 

In the fall of 1853, therefore, the people of W^estern Mis- 
souri resolved that Kansas should be a Slave State at all haz- 
ards. The question of making it a Slave State was then for 
the first time raised, and that, too, by a gentleman who un- 
derstood that the Missouri Compromise would be repealed. 



1854] SURVEY OF THE BATTLE-FIELD. 10-''. 

The minds of the people had been prepared for the struggle; 
the pecuniary interest of the wealthy demanded it; the de- 
pendent poor, obsequious to the rich, stood ready to do their 
bidding, and all prided themselves in maintaining the institu- 
tions and honor of Missouri. 

A¥hen the Missouri Compromise was repealed the impres- 
sion was made upon the minds of the people of north-west 
Missouri that the organization of the Territories and the re- 
moval of the slavery restriction was a kind of " compromise 
measure " by which there -was an implicit understanding that 
Kansas should be a Slave State. This was the prevailing, 
natural, and, in many instances, the sincere and honest im- 
pression which pervaded pretty generally the minds of all 
classes on the Border. This fact may serve to palliate, in 
some degree, their subsequent conduct.* 

The people of the Free States who were the tirst to favor 
the organization of ISTebraska Territory, never dreamed that 
an efibrt would be made to introduce slavery therein until 
the session of the thirty-third Congress the following winter. 
There were two large parties in the Middle and Eastern 
States opposed to Slavery, both radical in principle, but one 
favoring a prudent, the other a fanatical policy. One opposed 
the extension and growth of Slavery by all Constitutional 
means; the other believed the ends would justify the means 
of its total abolition. Both were equally opposed to yielding 
Kansas to Slavery, and both resolved to rescue her from its 
grasp. 



■••'From Dr. J. H. Strongfellow's testimony before the Congressional Committeo. the 
following is taken ; 

" At the time of the passage of that bill, and prior to that time, I never heard any 
man in my section of Missouri express a doubt about the nature of the institutions 
that would be established hero, provided that the iMissouri restriction was removed ; 
and I heard of no combination of persons, either in public or private, prior to the time 
of the organi'/iation of the Emigiant Aid Society, and» indeed, for months afterwards, 
for the purpose of making united action to frustrate the designs of that society in 
abolitionizing or making a free Stato of Kansas. The conviction was general that it 
would be a Slave State. The settlers who come over from Missouri after the pa??.'iga 
of the bill, as far as I know, generally believed that Kansas would be a Slave Statw" 



104 HISTORY OF KANSAS TEREITORY. 

The friends of Free Labor defeated and overwlielmed in 
Conjzress, resolved to renew the conflict on the distant fields 
of Kansas. Though borne down by an unjust and unfair leg- 
islation, they determined "to possess the goodly land" by 
emigration and settlement— the very mode prescribed by 
Congress. 

The devotees of Slavery entered upon this struggle with 
many advantages. The Organic act was skillfully framed 
with this end in view. Slavery was already in the Territory 
and had been for many years, in violation of the laws of the 
United States. The Government officials, missionaries and 
traders among the Indians held slaves and had sought to 
impress the native inhabitants with its attractions, some of 
whom held slaves.* It was regarded by the friends of 
slavery, and conceded by its opponents, that the Organic act 
establishing the Territory, recognized the right to hold slaves 
in the same ; and that neither the people nor the Territorial 
Legislature could prohibit slavery; that power was alone 
possessed by the people when they were authorized to 
frame a State Government "It was contended that the 
removal of the Slavery restriction virtualty established slavery 
in the Territory." The whole weight and influence of the 
General Government was ready to be employed in the 
interest of Slavery. Every officer in the Territory was 
to be appointed by the President. Missouri lying con- 
tiguous to this Territory, enabled her people to pass easily and 
quickly over and lay out their claims, preparatory to emigra- 
ting. It was not in the line of emigration from the Free 
States, being too far south ; whereas up the Mississippi and 
Missouri the tide of slave emigration had been for years 
pressing. 

Thus stood the sectional parties when the " Irrepressible 

These facts are gathered from old settlers- Joe Parks, a chief among the Shawnees 
and Choeteau, near Westport, each owned three slaves. Revs. Messrs, Perry and 
Johnson, missionaries among the Delawares and Shawnees, owned several apiece, — 
S laves must have been held here twenty years previous to 1854. 



1854.] SURVEY OF THE BATTLE-FIELD. 105 

Conflict," Avhicli liad been waged since the childhood of the 
Thirteen Colonies, was transferred from the Legislative 
Halls of the nation to the fair and virgin prairie of Kansas, 
to be renewed with the fury and desperateness of the death 
grapple. 



106 HISTORY OF KANSAS TEREITOEY. 



CHAPTER X. 

PRO-SLAVERY EMIGRATION AND EMIGRANT AID SOCIETIES. 

Ill the early part of May before tlie Territory was thrown 
open to settlement, the people Irom the western border of 
Missouri began coming over and locating their claims upon 
the best sites in the country. They would mark them with 
stakes, or four poles thrown quadrangularly upon the ground, 
as the initium of a cabin, and then return to their homes 
— some to prepare to emigrate, others merely to watch and 
hold their newly acquired possessions. Thus they continued 
to scatter themselves over the best country of Eastern Kansas, 
in many instances disregarding the Indian title by which the 
lands were held, until almost ever}' gentleman in Western 
Missouri had a claim upon which he had moved, intended to 
move, or designed to hold.* 

Immediately after the intelligence of the passage of the 
ISTebraska-Kansas Act was communicated to \Festern Mis- 
souri, some of the leading politicians in that quarter crossed 
over into Kansas and held meetings among the Squatters. — 
At one held on Salt Creek, June 10th, 1854, the following- 
Preamble and Resolutions were adopted : 

" Whereas, "We, the citizens of Kansas Territory, and many 



*In the Democratic Platform publisliefl in Liberty, Missouri, of June 8thi 185J, we 
find the following ; 

" AVe learn from a gentleman lately from the Territory of Kansas, that a great 
many Missourians have already set their 'meg' in that country, and are making ar- 
rangements to 'darken the atmosphere' with their negroes. This is right; let every 
man that owns a negro go there and settle, and our northern brethren will be com' 
pelled to hunt further north for a location." 



1854.J SETTLING KANSAS. 107 

other citizens of the adjoining State of Missouri, contem- 
plating a Squatter's home on the plains of said Territory, are 
assembled at Salt Creek Valley for the purpose of taking 
such steps as will secure safety and fairness in the location 
and preservation of claims. 

Therefore, be it resolved ; 

" 1st, That we are in favor of a bona fide Squatter Sover- 
eignty, and acknowledge the right of any citizens of the 
United States to make a claim in Kansas Territory, ulti- 
mately with the view of occupying it. 

"2ud, That such claim, when made, shall be held inviolate 
so long as a bona fide intention of occupying it is apparent, 
and for the purpose of protecting aud defending such claim, 
we agree to act in concert, if necessary'- to expel intruders. 

"3d, That every person of lawful age who may be at 
the head of a famih^, who .shall mark out his claim of 
160 acres, so that it may be api^arent how the same lies, and 
proceed with reasonable diligence to erect thereon a cabin or 
tent, shall be deemed to have made a proper claim. 

"4th, That anj^ person marking out his claim shall be 
deemed to have forfeited it unless he commences his cabin, 
or pitches his tent within two weeks thereafter, unless the 
same be on lauds which prohibit it by military or Indian 
reservations. 

"5th, That all persons now holding claims shall have two 
weeks from this day, in which to make the improvements con- 
templated by the foregoing resolutions. 

"6th, ]N"o person' shall be protected by the Squatter Associ- 
ation who shall hold in his own right more than one claim. 

"7th, That a citizen of the Territory be appointed as 
register of claims, who shall keep a book in which he shall 
register the name and description of all s([uatters, and their 
claims, and the dates of making the same, for which regis- 
tration he shall be allowed the sum of fifty cents for each 
claim, to be paid by the claimant. 
"8th, That we recognize the institution of Slavery as always 
existing in this Territory, and recommend to slave-holders to 
introduce their ]3roperty as early as possible. 

"9th, That we will afford protection to no abolitionists as 
settlers of Kansas Territory." . 



108 HISTORY OF KANSAS TERRITORY. 

These resolutions were soon after adopted l)y similar meet- 
ings in different places over Eastern Kansas. 

It must be liere noted that the term "abolitionists''' 
meant any person from a Free State, as subsequent facts will 
show. Thus so early, perhaps before a single emigrant from 
a free State had entered the Territory, the people of the 
Border had resolved to afford them no protection, vv'hich as 
proven by following events, signified that they would not be 
allowed to settle in Kansas. This was the first public meet- 
ing of Anglo-Americans assembled, and the first resolutions 
passed in this Territory. 

The first attempt at founding a city in the Territory was 
that of Leavenworth. On the 13th of June an organization 
of thirty-two persons, composed of pro-slaveiy and free State 
men, Avas perfected in Weston, Missouri. They had two days 
previous secured the claim to two quarter sections of land 
where the city now stands. This was divided into one hun- 
dred and seventy-five shares that sold at first for $250 a piece. 
Over $4,000 were spent during the summer in clearing off the 
tangled growth of hazel brush and laying the ground off in 
lots and blocks. The title was not secured to the town site 
until three years afterwards. Geo. W. Gist was the first 
President and H. Miles Moore the first Secretary of the Board 
of Directors. Its political character has always been very 
much mixed ; but no city in the West, after the title to the 
town site was perfected, has made more rapid improvement. 
In 1857 Hon. li. J. Adams, the first free State Mayor, was 
elected. 

In July Atchison was laid out by an association formed of 
gentlemen from Platte County, Missouri. It was named in 
honor of Hon. David R. Atchison, then in the zenith of his 
glory. The first sale of lots took place on the 21st of Sep- 
tember, and the little daughter nestled among the hills. Pe- 
ter T. Abell was President and Ira ISTorris Secretary of the 
first Board of Directors. It was incorporated by the first 



1854] SETTLING KANSAS. 109 

Legislature. Until 1857 it was the most violent pro-slavery 
town in the Territory. 

While slavery propagandists were thus attending to the 
settlement of Kansas, the friends of Free Labor were not 
unemployed. Tlie fierce agitation in Congress had already 
directed the attention of the people in the Northern States to 
this Territory. The press all over the land set forth glowing 
descriptions of its loveliness, fertility and future greatness, 
and urged upon the people to emigrate thither at once, avail 
themselves of the vast advantages of that new country and 
secure it from the curse of slavery. To facilitate, expedite 
and increase emigration, societies were formed by which ma ny 
of the difficulties and embarrassments attending emigrants to 
so new and unsettled a country were removed. As the Mis- 
sourians have sought to excuse their conduct by the action of 
these societies, it is thougiit proper to present here a short ac- 
count of their origin, design, nature and mode of operating. 

Foremost and conspicuous among these stands the Kew 
England Emigrant Aid Society. In the month of March, 
1854, Mr. Eli Thayer circulated a petition for the incorpora- 
tion, by the General Court of Massachusetts, of the above 
mentioned society, the object of which, as stated in the char- 
ter that Avas granted, was for directing emigration westward 
and aiding in providing accommodations for emigrants after 
arriving at their places of destination." Its capital was lim- 
ited to five million dollars. Tliis charter was signed by the 
Governor on the 26tli of April and immediately took eflPeet. 
The persons named in it met on the 4th of May and appointed 
a committee to report a plan of organization. As the report 
of that committee sets fortli the internal machiner}- of that 
company and the motives and designs of those Avho origin- 
ated and worked it, a copy of it is here inserted : 

REPORT. 

"The objects of this corporation are apparent in its name. 
The emigration to America from Europe introduces into our 
12 



110 HISTORY OF KANSAS TERRITORY. 

ports a very large niiiuber of persons, eager to pass westward. 
The fertility of our western regions and the cheapness of the 
public lands, induce many of the native born citizens of the 
old States, also, to emigrate thither. At tlie present time 
public and social considerations of the gravest character ren- 
der it desirable to settle the Territories west of Missouri and 
Towa, and these considerations are largely increasing the 
amount of westward emigration. 

"The foreign arrivals in America last year were four hun- 
dred thousand seven hundred and seventy-seven. In the 
same year the emigration to the Western States of Americans 
and foreigners must have amounted to much more than two 
hundred thousand persons. The emigration thither this year 
will be larger still; and from the older Western States large 
numbers are removing into new territory. 

" Persons who are familiar with the course of movement 
of this large annual throng of emigrants, know that 
under the arrangements now existing, they suffer at ev- 
ery turn. The frauds practiced upon them by ' runners ' 
and other agents of transporting lines, in the State of iSew 
York, amount to a stupendous system of knavt^^y, which has 
not been broken up, even by the patient endeavors of the State 
officers, and by very stringent State legislation. The com- 
plete ignorance as to our customs in which the toreign emi- 
grant tiuds himself, and in more than half the foreign emigra- 
tion, his complete ignorance of our language, subjects him to 
eveiy fraud and to constant accident. It is in the face of ev- 
ery conceivable inconvenience that the country receives every 
year four hundred thousand foreigners into its seaports, and 
sends the larger portion of them to its western country. 

" The inconveniences and dangers to which the pioneer is 
subject, who goes out alone, or with his family, only in making 
a new settlement, are familiar to every American. 

" The Emigrant Aid Company has been incorporated to 
protect emigrants, as far as may be, from such inconveni- 
ences. Its duty is to organize emigration to the West, and 
bring it into a system. This duty which should have been at- 
tempted long ago, is particularly essential now, in the critical 
position of the Western Territories. 

'' The Legislature has granted a charter with a capital suf- 
ficient for these purposes. This capital is not to exceed $5,- 
000,000. In no single year are assessments to a larger amount 
than ten per cent, to be called for. The incorporators believe 



1854] yETTLING KANSAS. Ill 

that if the company be organized at once, as soon as the sub- 
scription to the stock amounts to .^1,000,000, the annual in- 
come to be derived from that amount and the subscriptions, 
may be so appropriated as to render most essential service to 
the emigrant, to ])lant a free State in Kansas, to the lasting 
advantage of the country, and to return a very handsome 
profit to the stockholders upon their investment. 

" 1. The emigrant sutlers when he goes alone into his new 
home. He suffers from the frauds of others, from his own 
ignorance of the system of travel, and of the country where 
he settles, and again from his want of support from neigh- 
bors, which results in the impossibility of any combined as- 
sistance, or of any division of labor. 

" The Emigrant Aid Company will relieve him from all 
these embarrassments by sending out emigrants in companies 
and establishing theni in considerable numbers. They will 
locate them where they please on their arrival in their new 
home, and receive from the Government their titles. The 
Company propose to carry them to their homes more cheaply 
than they could otherwise go, to enable them to establish 
themselves with the least inconvenience and to provide the 
most important prime necessities of a new colony. It will 
provide shelter and food at the lowest prices after the arrival 
of emigrants, while they make their arrangements necessary 
for their nev.' homes. It will render assistance which the in- 
forma.tion of its agents can give, and by establishing emi- 
grants in large numbers in the Territories, it will give them 
the power of using, at once, those social influences wdiich ra- 
diate from the church, the school and the press, in the organ- 
ization and development of a community. 

" For these pur[»ose8 it is recommended, first, that the Di- 
rectors contract innnediately with «omc one of the compet- 
ing lines of travel for the conveyance of twenty thousan<i 
persons from Massachusetts to that place in the A7est which 
the Directors shall select for their first settlement. 

"It is believed that passage may be obtained, in so large 
a contract, at half the price paid by individuals. We recom- 
mend that emigrants receive the full advantage of this di- 
minution of price, and that they be forwarded in companies 
of two hundred, as they apply, at these reduced rates of 
travel . 

'•2. It is recommended that at such points as the director* 
shall select for places of settlement,' they shall at once cou- 



112 HISTORY OF KANSAS TERRITORY. 

struct a boardiDg house <3r receiving liouse^ in which three hun- 
dred persons can receive temporary accomodations on their 
arrival ; and that the number of such houses he enlarged as 
necessity may dictate. The new comers or their families may 
thus be provided for in the necessary interval which elapses 
while they are making their selection of a location. 

"3. It is recommended that the directors procure and send 
forward steam saw-mills, grist-mills and such other machines 
as shall be of constant service in a new settlenaent, which 
cannot, however, be purchased or carried out conveniently 
by individual settlers. These machines may be leased, or ran 
by the company's agents. At the sam* time, it is desirable 
that a printmg press be sent out, and a weekly newspaper es- 
tablished. This would be the organ of the company's 
agents, would extend information regarding its settlements, 
and from tlie very first an index of that love of freedom and 
of good morals which it is to be hoped, may characterize the. 
State now to be formed. 

"4. It is reconmiended that the company's agents locate 
and take up for the company's benefit, the section of laud in 
which the boarding houses and mills are located and no others. 
And further, that wlicnever the Territory shall be organized 
as a free State, the directors shall dispose of all their interests 
there, replace by the sales the money laid out, declare a 
dividend to the stockholders, and 

''5. That they select a new field and make similar arrange- 
ments for the settlement and organization of another free 
State of this Union. 

"II. With the advantages attained by such a system of 
effort, the Territories selected as the scene of operations, 
would, it is believed, at once fill up with free inhabitants. — 
There is reason to suppose that several thousand men of 
New England origin, propose to emigrate under the auspices 
of some such an arrangement this very summer. Of the 
whole emigration from Europe, amounting to some four hun- 
dred thousand persons, there can be no dilficulty in inducing 
some thirty or forty thousand to take the same direction. — 
Applications from German agents have already been made to 
members ot the company. We have also intimations in cor- 
respondence from the free States of the West of a wide spread 
desire there among those who know what it is to settle a new 
country, to pass on, it such an organization can be made, into 
that now thrown open. An emigrant company of those in- 



1854.] SETTLING KANSAS. 113 

tending to go has been formed in Worcester connty, and oth- 
ers in other States. 

•'In view of the cstabhshment by such agencies of a new 
free State in that niagniticent region, it is unnecessary to 
dwell in detail, on the aclvantages which this enterprise holds 
out to the country at large. 

" It determines in the right way the institutions of the un- 
settled Territories in less time than a discussion of them has 
required in Congress. It opens to those who are in Avant in 
the Eastern States a home and a competence, without the 
sutFering hitherto incident to emigration. For the Company 
is the pioneer, and provides, before the settler arrives, the 
conveniences Avhich he first requires. Such a removal of an 
over-crowded population is one of the greatest advantages to 
Eastern cities. Again, the enterprise opens commercial ad- 
vantages to the commercial States, just in proportion to the 
population which it creates of freemen, who furnish a market 
to our manufactories and imports. Whether the new line of 
States shall be free States or slave States is a question deeply 
interesting to those who are to provide the manufactories for 
their consumption. ■ Especially will it prove an advantage to 
Massachusetts, if she create the new State by her foresight, 
supply the iirst necessities to its inhabitants, and open in the 
outset communications between their homes and her ports and 
factories." 

The report then sets forth how the investments of the 
Company will bring handsome returns to the stockholders, 
and concludes as follows : 

" It is impossible that such a region should not till up rap- 
idly. The Massachusetts Emigrant Aid Company proposes 
to give confidence to settlers by giving system to emigration, 
by dispelling the fears that Kansas will be a slave State. The 
Company will remove the only bar which now hinders its 
occupation by free settlers. It is to be hoped that similar 
companies will be formed in other free States. The enter- 
prise is of that character that for those who first enter it, the 
more competition the better. 

"It is recommended that the first settlement made by the 
directories shall receive the name of that city in this common- 
wealth which shall have subscribed most liberally to the 



114 HISTORY OF KANSAS TERRITORY. 

capital stock of the company in proportion to its last decimal 
valuation, and that the second city be named by the next city 
so subscribing." 

The organization \\'as never perfected under this charter, 
nor stock issued on account of some provisions of the law be- 
ing objectionable to capitalists. On the 13th of June, the 
company organized under private articles of association, of 
which Amos Lawrence, John S. Williams and Eli Tliayer 
were constituted Trustees. It then proceeded to operate a,s 
suggested in the foregoing report. 

The articles under which this company was organized not 
proving satisfactory on account of the individual liablity to 
which it subjected the directors, on application a charter was 
obtained from the Legislature of JMassachusetts under the 
title of the "New England Emigrant Aid Society.'' The 
object of the society, as set forth in this charter, was ''for di- 
recting emigration westward and aiding in providing accom- 
raodations for the emigrants after arriviifg at their phices of 
destination," Its capital stock was limited to one million 
dollars. It was under this charter that the Society operated. 

The Emigrant Aid Society of New York and Connecticut 
organized on the 18th of July, 1854, under a charter granted 
by the Legislature of the fcrmer State. A board of twenty- 
seven Trustees controlled its affairs, who appointed an execu- 
tive committee of three for immediate action. The capital 
stock was limited to 85,000,000, to be raised in shares of five 
dollars each. Its objects "were the same as the former com- 
pany. 

About the same time, the Union Emigration Society wa^ 
organized at Washina:ton " bv such members of Cono-ress and 
citizens generally who were opposed to the repeal of the Mis- 
souri Compromise, and the opening of Nebraska and Kiiusas 
to the introduction of slavery." This society appointed 
agents in several States to organize auxiliary societies and to 
call the attention of the people to its movements. 

Other societies of a similar character were formed in differ- 



1854.J SETTLING KANSAS. 115 

ent parts of the free States, but these were the most import- 
ant. ISTone of them ever accompHshed much or carried out 
its programme, except the New Eughind. 

The primary and chief object of these societies was to 
make Kansas a free State by setth'ng her lands with a popu- 
lation adverse to slavery. The question occurs were the de- 
sign and character of this action wrong on the part of the 
people opposed to the extension of this institution of the 
South ? There can certainly bo nothing objectionable in the 
design of promoting emigration to this newly opened Terri- 
tory with a view of securing it to Free Labor. The idea of 
ventilating the great Eastern cities by removing its surplus 
{>opulation to the inviting fields of industry in the West, and 
of opening the channel for the vast tide of foreign emigra- 
tion in the same direction, is worthy of a philanthropist. To 
do this for the purpose of accomplishing an ulterior object, 
divests the action of its beautiful garb of benevolence, but 
leaves it clad in its original vestment of justice, and opposition 
by all lawful measures to the extension of slavery. The act of 
Congress, therefore, referring ''the vexed question of slavery" 
to arbitrament by the two conflicting interests of our Union 
in settling Kansas, called into being these societies and legal- 
ized their purpose. It is not the design in this place to ex- 
amine and see whether these societies did any thing unjust or 
improper, but merely to inquire into /the rightfulness of 
their motive and plan of operation. The works which they 
did will all be examined in the order of events. 



116 HISTORY OF KANSAS TEEBITORY 



CHAPTER XI. 

FREE STATE EMIGRATION. HOSTILE PREPARATIONS AND THE BE- 
GINNING OF DIFFICULTIES. 

About the first of July emigration began to arrive from 
the north-western free States. A little settlement th us 
effected in the neighborhood of the present Citj' of Lawrence, 
having assembled on the first of August at Judge Miller's on 
what was then called " Back Bone Ridge," for the purpose 
of enacting squatter regulations, was suddenly interrupted 
by the intrusion of a band of Missourians under the leader- 
ship of an Indiana lawyer by the name of Dunham, who 
also acted as their spokesman. Seeing that they were unable 
to effect anything on account of the presence of these invad- 
ers, the free State men adjourned the meeting. The Missou- 
rians hurrying out of tlie house to "liquor," the couyention 
arranged it to retire for a short time until the former disap- 
peared. In the course of a couple of hours the little band of 
free soilers collected again, resumed their deliberations, 
adopted a constitution and by-law^s and elected officers un- 
der them. Hon John A. Wakefield w^as constitutued Chief 
Justice, and Brier W. Miller, Recorder. 

Under this simple and primary government, justice and 
equity were dealt out to all parties ; unanimity and good will 
pervaded the little community. At one time having met at 
the call of tlie Executive Committee, to remodel their consti- 
tution, the Missourians again presented themselves to take 
part in the proceedings. For a time violence seemed immi- 



1854] FREE STATE EMIGRATIOX. 117 

nent, but by a roiiimiUee of eout'creiire a pacification ■wn?; 
etfected. The AHsHouriaiis were poniiittcd to take part in tho 
»'le('tion of otiicerH, with the uiK.lerstaiiding- tliat the iiieunihcnt 
of the Chief-Justiceship slioiihl be retained. ThuH S(|uatter 
Sovereitjnty reigned in tranquility for two niontlis wlicn it' 
was Hn[)erseded by Franl< I^ierce's democracy.' 

Hon. Charles H. Branscombe, now member of the Missoiiri 
Legislature from St. Louis, having been setit out in July by 
the New England Emigrant Aid Societ}' to select u site tor its 
first settlement, chose' the present beautiful location of Law- 
rence for that purpose. The first emigrants under the aus- 
pices of that Company, about thii-ty in uuudxM', arrived iii thf 
Territory the first of August, and laid the foundations for the 
Hrst free state city of Kansas. AVhcn this little, colony first 
encanipcd on the town site, but one man and liis liimily ^n-cu- 
pied it, and some two or three Missourians had claims u]>on 
it. The Xew England party having succeeded in purchasing 
all [>rl()r improvements and claims, took possession of tlie 
town site. Having thus established themselves, they scatter 
out and selected in the neighborhood a ([uarter section of land 
apiece for their claims. Soon afterwards'' a second and larger 
party, numbering sixty or seventy, arrived under the suptM-- 
vision of Dr. Charles Robinson and (»en. S. C. Pomroy. At 
this time the Lawrence association was fcu-med on the prin- 
ciple of Squatter Sovereignty. Tlieir nundxi-s were soon 
iui-reased by the arrival of the third and Iburtli [larties.--- 
The infant cit}^ wrapped in the swaddling of grass, thatch ami 
canvass, was known by the name of AVaukarusa, Xew Boston, 
and by the Missourians, Yankee Town, until at a meeting of 
the Association* it took to itself the name of its benefactor — 
Lawrence (Amos A.) The colonists first dwelt in tents, pitched 
upon Mt. Oread and in the valley north of it ; the largest of 
which was a place of genbral rendezvous. They Avere in this 
situation of primitive simplicity when first visited by the 



(1) Tlie author gathered this account from Mr. Wakefield himself- 8. N. Wood Was 
Secretary of those meetinffs. (2) .July 17. (8) Two weeks. (410ctfitli. 

la 



lis HISTORY OF KANSAS TERRITORY. 

Missourians. They .^oou ai>))li<:*(l tlicmselves to the construc- 
tion of I'll I lu homes for the couiuig winter. The "Pioneer 
Boarding House "" was erected, consistinii; of two loni;- rows of 
poU'S sojue dif^tance apart at tiie base, and brought to_ii:et.her 
at iiie top. These rafters were t'i(!U thatched A\ilh prairie 
grass. The buiWing, therefore, was all '' roof und gable." — 
"This was the principal hotel of the new 'city' — the seed 
from whici) the Free State Hotel, Eldridge House JSTo. 1, and 
Eldridge House No. 2 have sprung. The private dwelling-s 
were mostly log, pole and thatch houses." 

The tide of emigration from the free States continued to 
flow in all the fall, settling various parts of the Territory, 
founding towns and making claims. They spread far back 
in the Territory and established themselves in little neigh- 
borhoods in the choicest parts of the countr\\ 

The city of Topeka was founded by Colonel C. K. Holli- 
day, M. C. Dickey, F. W . Giles and six or seven others, in 
Deeember, and, perhaps, did not number over twenty-live 
persons that year. In tlie spring they obtained a full share 
of tlie newdy arrived emigrants, and the Constitution Hall, 
the Topeka House and several stores were erected. Topeka 
from the iirst centered lier hopes upon the capital and ha.< 
labored with connuendable persistency to secure it. The 
word Topeka is of Indian origin, signifying "potato,"' or as 
the wags say, " small potatoes."' It was iirst suggested by Mr. 
Webb, Secretary of tlie"'New^ England Emigrant Aid Society. 

Manhattan, at the junction of the Big Blue and the Kan- 
sas Rivers, was first settled by a portion of the fourth Xew 
England party. Their numbers were greatly strengthened 
in the spring by a company from Cincinnati, Ohio, called the 
Manhattan Company, Avhich gave name to the town. It i;^. 
beautifully situated and has always been note<l for its steady 
])ros})erity. 

(-irrasshopper Falls was selected as a town site by Mr. Fra- 
zier. It is so named from tlu; falls of a few feet in the Grass- 
liopper Creek at the place where it is located. ( )ther towns 



1854.] PR E E S T A T J.: ini H ; II A T T O X . 11 \) 

were laid out (his lalljiiil 1 licsc are llio ])rincij»al and the only 
<>in'S tiiat ever :i('(|iiin'(l any <'oiisi(k'i'al)K' iiiiixjrtaiii'c. 

< )r llu' number of iVee state nicu who I'lai^'ratod lo the 
I'ei'ritoi'y (his suiunier and fall ]teiiiaj)S iive lunidred caine 
under tile auspiees of tlie Xe\\' ]^n^■lallll 10niii>-raut Aid So 
eiety. Tlie existence of tliis jVid Society doiil)tless faeilitated 
eniiu'ratidU, bv seatterini!,' information r<'spectln5>; tlio Terriloi'y 
o\er th(^ land, hy caHinji,' the attention of the |)eo|>le to the 
iuijiovtaiiee oi' settliiiii,' Kansas in order to prevent the exten- 
f-ion of shivery, and by tlie assurance \vhi(^h thev gave that 
uiilis, sehdol bouses and ehnrelios Avotild be erected to aeconi- 
inodato tiie new country. l^)eyond this the work which they 
did towards ])eo|)lini( Kansas was insignilicant. The only iid- 
vantages wliicli tlie New England Enn'grant Aid Conipany 
furnished those wlm came under its iimnediate auspices, wei-e 
tlic reduction of the iare abont §5.00 and atihrding tlu'in the 
pleasure of a large company. Tiie consetptence was most ])eo- 
ph' preferred to come independent of it. Not a cent was ever 
given by the company towards paying a single omigrant's 
fare ; not a guarantee ever given that any person woidd be 
£npp(U'ted free after arriving in the Territor\-. 

It was tli(> deep pervading feeling in the Xorlli that Kansas 
ought to be rescued from slavery which awakened this emi- 
gration. The body cA' them came independent of an\- asso- 
ciation, upon theirowu resources, to peaceablv and leii'itimattdy 
establish free institutions in this land. 

(.)thcr Aid Societies labored to increase cinlgration to Kan- 
sas, but none of them laboreil as systematically and upon a.i 
t'xtensivc a scale as the Xe\v England Emigrant Aid Society. 
]Sone preserved their organization intact and continued their 
o[ier:itions until the close of the Kansas dilliculties, except the 
ojie above mentioned. None organized this fall, estahlislied 
u colony or formed a settlement, e.vcept the X^ew I'aigland. 
It was pre-eminently the largest and most thoroughly t)rgan- 
ized of all similar companies and accomplished more than all 
otUers combined. It aent out under its auspices as many as 



120 HISTOEY OF KANSAS TERRITORY. 

2,000 persons. It built mills and school houses, thus streugtli- 
cning the towns of Lawrence, Topeka, Ossawattomie, and a 
few others. In time it received town shares for the invest- 
ments made. At Kansas City it built a hotel and likewise' 
the Free State Hotel ^at Lawrence, which was destroyed. Tiu- 
company never employed over |100,000 in its expenditures, 
aiul was nothing more nor less than what it styled itself, "The 
Xew England Emigrant Aid Society,'' not sending, but assist- 
ing emigrants to Kansas, and extending the help of capita! to 
bettoi" their condition after their arrival. 

Tlie th'st influx of free state men spread alarm among the 
slaverv propagandists of the Border. They readily saw that 
they woidd be utterly unable to legitimately compete witii 
the vast numbers coming from the Eastern, Middle and North- 
western States. The bright hallucination that had lit up the 
prospects of slavery in Kansas and rendered the peoph' (•!' 
north-western Missouri jubilantly wild, was now darkened by 
the' swarms of " Northern cattle'' that had just begun to settle 
in the Territory, and tiie coming of which vague rumor had 
described " as countless as the stars.'' 

The knights of slavery disai^pointed, though not dismayed, 
resolved to terrify others from coming by threats and bluster, 
and persecuting those already arrived. The Platte Ai-gus 
sounds the alarm thus: 

" it is now time to sound the alarm. We know we speak 
the sentunents of some of tlie most distinguished statesmen 
of Missouri \vhen we advise that counter organizations be 
made both in Kansas and Missouri to thwart the reckless 
course of the abolitionists. We must meet them at theii' 
very threshhold and scourge them back to their caverns of 
darkness. They have made the issue and it is for us to meet 
and repelthem." 

1 1 ^vas now determined to excite the populace, to intl uence the 
noted rabble of the Border, until they are lit and willing for 
an}^ AS'ork of barbarism. The Emigrant Aid Societiea Avere 
represented as gathering the paupers of the great eastern 



1854] FREE 8TATE EMIGRATION. 121 

cities and hiring them to come out to Kansas to disturb the 
institutions of iMissouri, to make it a free State in defiance ot 
law and order. The press was filled with stories'of fugitive 
.slaves being run off from other States by abohtionists, meet- 
ings were held at the various towns in the lirst two tiers of 
counties, at which the most inflammatory speeches were made. • 
The first of these, held at Weston, adopted the following r&s- 
iiliition : 

" Resploed, That this association will, whenever called upon 
hv any of the citizens of Kansas Territory, hold itself in 
readiness together to assist and remove any and all emigrants, 
who go there under the auspices of the Emigrant Aid So- 
cieties."" 

At another meeting assembled at Liberty, Clay County, the 
following preface and resolutions were passed : 

" Therefore, we, the citizens of Clay County, believing self- 
preservation to be the first law of nature, and learning that 
organizations have been effected in the Northern States for 
the purpose of colonizing the Territory of Kansas witli such 
fanatical ])ersons as composed the recent disgracefid ]nob in 
the city of Boston, where a United States officer, for simply 
attempting to obtain justice for a Southern citizen, was shot 
down in the streets ; and learning, too, that these organiza- 
tions have fbr their object the colonization of said Territ(n'y 
with ' eastern and foreign paupers,' with a view of excluding 
citizens of slave-holding States, and especially citizens of 
Missouri, from settling there with their property; and, fur- 
ther, to establish a trunk of the under-ground railroad, con- 
necting with the same line, where thousands of our slaves 
shall be stolen from us, in thwarting their attempts upon our 
rights, we do 

'' Resolve, That Kansas ought of right to be a slave State, 
and we pledge ourselves to co-operate with the citizens ot 
Jackson County, and the South generally, in any .measure to 
acc(^m]>lish such ends." 

Other meetings held at variou:? places adopted about the 
same resolutions. 



122 IIISTOnY OF KANSAS TEUrvITORY. 

The Platte Argus havino- advertised S20() reward lor tlu- 
detection and seizure of Eli Thayer, President of tlie New 
England Emigrant Aid Society, the Democratic Platform, in 
noticing it, says : " We hope that the individual may he loniid 
and meet with just such a course of trcatnienl as one of his 
st)rt deserves — hanging! !" 

The same paper, in speaking of A. (xuthrie, who had writ- 
ten some letters to the East encouraging emigration, renuiriv,, 
" We would hate to sec an American hung without the hen- 
elit of clergy or jury. T>ut is there not some way fo piinisli 
this traitor? Is droirmng too good i\)v ifuu ■.■■"" 

In the latter part of July the Platte County Sell-Defensive 
Association was formed at Weston, witli Gen. 13. F. String- 
fellow as Secretary. Its constitution contained a preamble 
and nine articles, the substance of Avhich was: 

All free negroes must be expelled from the country. 

Xo traliic between whites and slaves was to be permitted. 

No slaves were to be permitted to liirc their owji time. 

The Association was to try and punish all abolitionists. 

That wo hereby mutually pledge ourselves, our honor and 
purses to ])riiig to an mirnediatt! ])unishnu'nt any person 
gnilt}'. 

'I'hat we appoint six presidents, and wlu'revei- any person 
is found his case shall be relerred t<i one ot tliese presidents, 
and any other two .sul)scribers liereto, whose concurrent judg- 
ment shall l)e tinal, and we jiledge our |)ersons to del'end the 
same ami our purses to indemnily. 

About one thousand persons affixetl their signatures to thi-i 
eonsLitidion. It was an immense Lynch CV)Urt, with six 
judges and one thousand detectives ; fi-f)ni the judgment of 
one oi' its judges and two of its members, there was no ap- 
peal.. Lt has not its example in history, unless it be the fa- 
mous Jacobin Clul) ol' France. At their lirst meeting the 
following resolutions were jtassed : 

•'That we, the meiubers of tlie Platte County Self-Defen- 
sive Association, do solemnly pledge ourselves to go at the 



1854] FREE STATE EMIGRATIOX. 123 

call of our brethren, who are across the river in Kansas, and 
drive ont from their midst the abolition traitors. 

" 2. That we reconiineiid to citizens of other comities, and 
especually those bordering on Kansas Territory, to adopt sim- 
ilar re_ii;nlations to those of this Association, and to indicate 
their readiness to co-operate in the objects of the firsf resohi- 
tion/' 

Dr. George Bayliss, a man of small and feeble frame, the 
author of these resolutions, and Avho had formerly been Pro- 
fessor of Anatomy in the Louisville and Cincinnati Colleges, 
remarking niion them, said : 

•' I can not tio-ht nmch, bnt T pledge yon I will go with you, 
and yon shall have all my skill as a surgeon for 3'onr wounded 
and dying."' 

Colonel I'eter T. Abell, in s}»eakingon the resolutions, said : 

"I am ready to go the lirst hour it shall l>e announced that 
the emigrants have come, and with my own hand hcl)i hang 
<»very one of tliem on the first tree.'' 

General Stringfellow having been called n}ton lo express 
himself, denounced all who labor for their daily l)read as 
slaves and prostitutes. It is justice to remark that lie after- 
wards denied making such assertions.* 

Gen. B. F. Stringfellow is a Virginian by birth, and a law- 
yer by profession. He is a man of more tluin ordinar}' abil- 
ity, an<] w^ith the exception of the part he took in the Kan- 
sas troubles, has always been noted as a high-toned gentleman 
and an excellent citizen. In 1840 he joined in law partner- 
shi]) with Col. P. T. Abell, at Weston, Mo., between whom 

'•'The following are the sentiments set forth by General Stringfellow, as certified to 
by seventeen respectable citizcn^i : 

All wiio labor fur ilioir daily bread and arc de|>endeut on their labor for subsistence 
are .slaves ! All females wlio labor for their daily bread arc'whores ! and have been .vy 
from the days of Abraham, lie further remarked in this immediate cotinectioii. tliat 
sl\ould Kansas uonie in as a fi-ee State, he would leave this State : he would not allow 
his daughters and sens to associate with them ; he would go where his color was re- 
spected and where he could bring up his sous honorable men and his daughters virtu- 



')us women- 



124 HISTORY OF XAX8AR TERRITOEY. 

ever Hiuee has exii^ted the do.sest fVieiully and business relation. 
During the Kansas troubles the General continued to reside ta 
Weston, taking an active and lively interest in the atlairs of 
tlie Territory. After the Slavery issue was abandoned in 1857, 
he meditated moving to Memphis, Tenn., and visitedthat city 
with that end in view. But from some cause, insteu<l of 
moving to Memphis, he went to St. Louis, Mo., where in 
connection with Col. Al)ell, his partner, he opened his law 
office. Remaining there until 1860, he removed to Atchison, 
Kansas, where he has continued ever since in the practice of 
his profession, honored and respected by all with whom he 
mingles. 

Dr. J. II. Stringfellow, the (ji-eneral's brother, was tlie more 
violent of the two and is frequently confounded with the 
latter. In 1854 he settled in Atchison and was senior editor 
of the Squatter Sovereign. He Avas wanting in the manli- 
ness and intellectual ability of his brother, and was the most 
ultra and rabid pro-slavery man that lloed in the Territory. 
The Doctor remained in Kansas until 1855, when, the contest 
having been abandoned, he returned to Virginia. During 
the recent war some of the Kansas boys visited liim at his 
residence and found him very hospitable and apparently 
glad to see them. 

It was some time in the fall, perhaps as late as October, 
when Secret Societies began to be generally formed in west- 
ern Missouri for the avowed object of extending slavery into 
Kansas. They had a constitution and by-laws, signs, grips 
and pass-words, as other secret societies generally have. Tliey 
were sworn to assist in extending slavery into Kansas hy all 
lawful means, and to aftbrd each other mutual protection — 
especially while in the Territory. They wore a piece of ri]»- 
bon in. the coat button-hole as a badge of membershi[) or 
affiliation, which entitled them to the protection of the order. 
Difterent orders had various names, as ^' Blue Lodge," " So- 
cial Band," " Friend's Society,'* "The Sons of the South," 
&c. They had existed for years in the old slave States, al- 



1854] FREE STATE EMIGRATION. 125 

ways looking to the interest of slavery, aixl there were pre- 
vious to this date, organizations of this order in Missouri. — 
They formed a union of all the friends of slavery, and com- 
bined elForts in carrying out their measures. They had dif- 
ferent degrees, the common class being admitted only to the 
iirst. Through these Societies the political leaders had im- 
mediate access to, and control of the masses. In them pas- 
sions were inilamed, plans , revealed, and whiskey drank. — 
Their plan of operation was to send men into the territory to 
watch free state men, and report promptly; to keep a vast 
number of men in readiness to lend assistance at a moment's 
notice to those in the Territory; to organize an army to go 
over and vote, and collect money to pay tlieir expenses. The 
members under heavy penalties were forbidden to reveal the 
secrets of the Society. These lodges performed the most 
efficient services in controlling the Territorial elections. — 
They were equal to a line of numerous military posts extend- 
ing two counties deep along the Border, the rmeii of which 
could be concentrated at a given signal. 

Such were the stupenduous arrangements that the Missouri- 
ans made in the fall of '54 to conquer.Kansas tby overawing 
or expelling northern men and deterring future emigration. 
The avowed apology which they have given for their conduct 
was to counteract the workings of the Eastern Emigrant Aid 
Societies. And, yet, most of these steps and measures were 
taken before the first party of thirty under the auspices of 
these societies had begun their journey to Kansas. Almost 
all the emigration had come free and unconnected with the 
" monied institutions" of the East. It was not, therefore, 
the action of these societies altogether that led the Missouri- 
ans to such desperate measures x. but the real cause is to be 
found in the fact that they were alarmed and enraged lest the 
unexpected influx of free state emigration would render un- 
certain the darling institution of Slavery in Kansas; and these 
measures would have been the same had there been no emi- 
grant aid societies. The direct effects of these societies wore 
14 



12() HISTORY OF KANSAS TERRITORY. 

US a drop in the ocean in the settling of Kansas with freemen. 
It is but a flimsy apology whereby many of the intelHgent 
and seemingly honest men of Missouri have sought to excuse 
their conduct. It is the plea of justification afterwards so 
eloquently made in the halls of Congress, and which blinded 
the eyes of many in the North to the real nature of the 
strusfffle in Kansas. The action of these societies was ma- 
liciously employed to inflame the ignorant masses against em- 
igrants to Kansas and prepare them for the barbarous out- 
rages which it now becomes our painful duty to begin to 
relate and which have long since sunk their instigators into 
shame and contempt. 

In a few days after the organization of the Self-defensive 
Association, they seized Thomas A.Minnard, Esq., formerly a 
sherifl:'in Iowa, a man of wealth and irreproachable charac- 
ter. He had begun to build a house in Kansas and had de- 
clared that he would vote for Kansas to be a free State. He 
was tried, condemned as an abolitionist and ordered to leave 
the country in twenty-four hours or receive fitty lashes on the 
bare back. He had helped to elect Franklin Pierce Presi- 
dent and was an admirer of the Kansas-Nebraska bill. But 
he had resolved as a freeman to exercise his franchise in mak- 
ing Kansas a free State, for which he was inhospitably driven 
into the wilds of Kansas with a sick family where he had not 
yet completed his shelter. 

An old citizen of that place was then seized, tried without 
proof except a negro's testimony, and condemned as an abo- 
litionist. With the hair shaved from the right half of 
his head he was ordered to leave the country within forty- 
eight hours or receive one hundred and fifty lashes on the 
bare back ! 

The Rev. Frederick Starr was then arraigned before the 
tribunal for the ofl:ense of teaching the negroes to read, and 
I'iding in a buggy with a '^negro wench !." Mr. Starr was a 
graduate of Yale College, and had quietly labored among 
the people of Weston for seven years, never weary in well 



1854.] FREE STATE EMIGRATIOX. 127 

doing, lie pleaded guilty of the two charges but showed 
that he had obtained permission of the master to instruct 
the negro and that the second was in accordance with the 
custom of tlie country to take servants in the carriage. Be- 
ing unable to lind any grounds to convict him of misde- 
meanors and succeeding only in rendering themselves ridic- 
ulous before a crowded house of both ladies and gentlmen, 
they acquitted him. 

But this Association did not stop with trying abolitionists, 
and driving men from the country because of their opinions. 
It sought, also, to control the business of the country by re- 
quiring all classes of trade to patronize only those who were 
favorable to slavery, by prescribing for the merchants to 
make their purchase in slave holding cities. But the tyr- 
rany of this organizid mob soon became insufferable, and 
there was a sudden, spontaneous and general uprising of the 
outraged community against it. A public meeting of the 
people of Weston -was called at which the following pream- 
ble and resolutions were adopted, and one hundred and sev- 
enty-four citi^^ens of that town affixed tlieir signatures to 
them : 

'• Whei-cas, Our rights and privileges as citizens of "Wes- 
ton, Platte County, JSIissouri, have been disregarded, infringed 
upon and grevionsly violated v/ithin the last few^ "weeks by 
certain members of the Platte County Self-Defensive Associ- 
ation; And, whereas, the domestic quiet of our families, the 
sacred honor of our sons and daughters, the safety of our 
property, the security of our livings and persons, the good 
name our fathers left us, the good name of us all, and the city 
of our adoption, are each and all disrespected and and vilely 
aspersed, and contemptuously threatened with mob violence; 
wherefore it is imperatively demanded that we in mass meet- 
ing assembled, en this the 1st day of September, 1854, do 
make prompt, honorable, effective and immediate defense of 
our riglits and privileges as citizens of this glorious Union ; 
Therefore, 

" liesolced, 1. That we whose names are hereunto allixed 
are order lovinc: and law abidinc: citizens. 



128 HISTORY OF KANSAS TEEEITORY. 

" 2. That we are Union men ; we love the South much, 
but we love the Union better ; our motto is, " The Union first, 
Union second, and Union forever." 

" 3. That we disapprove Bayliss' resolution as containing 
nullification, disunion and disorganizing sentiments. 

" 4. That we as consumers invite and solicit our merchants 
to purchase their goods wherever it is most advantageous to 
the buyer and to the consumer. 

"■ 5. That we hold every 7nan as entitled to equal resjjed and 
confidence until his conduct proves him unworthy of the 
same. 

" 6. That we understand the Douglas bill as giving all the 
citizens of this Confederacy equal rights and equal immuni- 
ties in the Territories in Kansas and ISTebraska. 

'' 7. That we believe in the dignity of labor. It does not 
necessarily detract from the moral or intellectual character of 
man. 

" 8. That we are competent to judge who shall be expelled 
from our community and who shall make laws for our corpo- 
ration. 

" 9. That mere suspicion is not a ground of guilt. ]\Iob 
law can only be tolerated wlien all other laws fail, and then 
only on proof of guilt. 

" 10. And, lastly that certain members, the leaders of the 
Platte County Self-Defensive Association, have proclaimed 
and advocated and attempted to force measures upon us con- 
trary to the foregoing principles, which measures we do sol- 
emnly disavow and disapprove and utterly disclaim as being 
diametrically opposed to common and constitutional law, and 
as having greatly disturbed and well nigh destroyed the order, 
the peace and the harmony of our community ; and as being 
too well calculated to injure us in our property and character 
at home and al)road, we will thus ever disavow and disclaim." 

The power and reign of the Self-Defensives in Weston were 
now at an end. " Three times did they order the inoffensive 
blacks to leav'e the city and county, and when at the third 
command an armed fband of outlaws were coming to drive 
them out, the citizens armed themselves with loaded rifles to 
meet them, and the assailants forebore to enter the town." 
They removed their headquarters from place to place at the 



1854] FREE STATE EMIGHATION. 129 

remonstrance of tlie citizens, and wtre by October almost en- 
tirely superseded by the " Blue Lodges " in their operations.* 

Scarcely had the little colonists spread their tents upon the 
grassy sward at Lawrence before the Missonrians sought to 
drive them from their resting place. They came in wagons 
with " music/' flags and whisky, to the number of about one 
hundred and encamped on the north side of the ravine run- 
ning through the west part of what is now the city of Law- 
rence. They grounded their action upon the alleged fact that 
a certain tent stood on a claim which belonged to their num- 
ber, and demanded its removal, and threatened in case it was 
not removed they would remove it themselves. To which the 
reply was given : "If you molest our property you do it at 
your peril." The pro-slavery men then informed the emi- 
grants that they might have until inorning to remove the 
tent peaceably, and retired to drink, shoot and carouse at their 
encampment. 

All night the colonists kept out a guard to prevent a sur- 
prise from the Missourians. Morning came, and the inva- 
ders increased by fifty fresh arrivals. They sent over the de- 
mand : *' The tent must be taken down and all their eifects 
gathered together preparatory to leave by two o'clock/' and 
" that the abolitionists must leave the Territory never to re- 
turn to it." The free state men mustered about sixty persons 
and drilled them before the tent with arms. At ten o'clock 
the solemn assurance was sent, " They could have another 
half hour to remove that tent and get ready to leave/' after 
which, if they did not compl}'", every one of them would be 
"put to the bowie knife." "That was in earnest." The 
half hour sped quickly by, and another messenger appears witli 
the communication that they dreaded the effusion of blood 
and hoped to avoid it, and for this reason another hour would 

■"Tho author gathers the material for an account of this organization chiefly from the 
letter of Rev. F- Starr, in the New York Tribune, November 5, 1854, and from "Three 
Years on the Border," by an Episcopal clergyman- They were both reliable men, eye 
witnesses to the scenes, and wrote their accounts at the time the events transpired. 



130 HISTORY OF KANSAS TERRITORY. 

be given for the tent's removal. The hour elapsed, the Bor- 
der Ruffians mustered their forces, but no attack was made. 
They got into a dispute and wrangle among themselves wheth - 
er to attempt to remove the tent or not — some warmly favor- 
ing it, others timidly opposing it. Thus they continued to pa- 
rade and debate until near sundown, wlien they broke up 
their encampment and left with the warning to the colonists 
that they would return within a week with a thousand men 
and " wipe them out." 

So ended the first invasion of Lawrence, bloodless and 
harmless, prevoking only laughter from those assailed. 



1854.] INAUGURATION OF GOVERNMENT. 131 



CHAPTER XII. 

INAUGURATION OF GOVERNMENT. 

For the first four months after the opening ot Kansas for 
settleraeut there was no general government over the Terri- 
tory; but squatters in various locahties would get together 
and adopt rules and regulations to which all would subscribe. 
By these rules all questions pertaining to claims were settled, 
and a record of them kept. Peace and harmony prevailed 
among the settlers, and there was no difficulty, only when 
some wandering Missourians would seek to disturb free state 
men in the possession of their claims. People were intent 
in the construction of their new homes, and the question of 
slavery attracted little attention. Presses began to be intro- 
duced of a stamp that would have done honor to an older 
country. Prosperity and good will existed among all classes. 
But the mischief-makers in Missouri were busy at their work, 
soon, indeed, to disturb the growth and harmony of the rising 
State. 

The following officers were appointed by the President to 
organize and administer government in Kansas : Andrew H. 
Keeder, of Pennsylvania, Governor; Daniel Woodson, of Vir- 
ginia, Secretary ; Samuel D. Lecompte, of Maryland, Chief 
Justice ; Sanders AY. Johnson, of Ohio, and Push Elmore, of 
Alabama, Associate Justices ; J. B. Donaldson, of Illinois, 



132 HISTOEY OF KANSAS TERRITORY. 

Marshal ; Andrew J. Isaacs, of Louisiana, District. Attorney ; 
Jolin Calhoun, of Illinois, Surveyor General of Kansas and 
N"ebraska ; S. Cunningham, of Missouri, Superintendent of 
Indian Affairs. 

Governor Reederwas born in Easton, Northampton Coun- 
ty, Pennsylvania, on the 12th day of July, 1807. He re- 
ceived a thoroughly classical and legal education, and was ad- 
mitted to the bar in 1828. By diligence and untiring perse- 
verance he steadily advanced to a position of eminence amoug 
the first lawyers of the State. Though always a warm ad- 
vocate of the principles of the Democratic party, he never 
sought political preferment, but confined himself to his pro- 
fession with enthusiastic attachment. He was a man of fiue 
appearance, straight figure and slightly inclined to obesity. 
Of genial disposition, profound reverence for right and in- 
corruptable virtue, he would have made an excellent Gov- 
ernor where excellence is esteemed. Adoring the beautiful 
theories of Deraocracj', he knew nothing of its practical 
workings. Such was the man first led for immolation upon 
the gubernatorial altar of Kansas — " a victim without spot 
or blemish." 

The appointment of Mr. Reeder met with the hearty ap- 
proval of the Democratic press throughout the land. The 
South had confidence in Mr. Pierce, and felt sure that he 
understood the man of his selection ; the North hoped from 
Mr. Reeder's character that justice would be administered in 
the Territory. All felt safe that the Governor would have 
much influence in determining the institutions of the future 
State and the eyes of the nation were upon him. 

On arriving at Leavenworth he met with a warm recep- 
tion from the towns-people. Stepping from the Polar Star 
upon the levee he was greeted by a vast concourse of citi- 
zens, a speech of welcome and a national salute from the 
Fort. His response was that of a pure statesman to a con- 
fiding people, in which he said : "By preserving unimpaired 
the purity of the ballot-box and deciding there, as freemen 



1854.] INAUGURATION OF GOVERNMENT. 138 

should, the question which the nation has properly referred 
to it, each man calmly, fearlessly and dispassionately ex- 
pressing his opinion in casting his vote in conformity with 
the dictates of his conscience and understanding, and hy 
bowing submissively to the will of the majority, when prop- 
erly ascertained, we shall have done our whole duty and 
may expect to reap its pleasant fruits." 

Mr. Reeder immediatelv made an extensive tour througrh 
the Territory to ascertain the character, condition and wants 
of the people, and was every-where met with the same cor- 
dial welcome. On returning to Fort Leavenworth in two 
weeks, he applied himself to districting the inhabited por- 
tion of the Territory preparatory to an election for Dele- 
gate to Congress. He soon issued' his proclamation for this 
purpose by which the judges of the election were required 
under oath that they would reject the votes of all non-resi- 
dents who they should believe had come into the Territory 
for the mere j)urpose of voting. He defined the word "res- 
ident" as used in the Organic Act to mean "the actual 
dwelling or inhabiting in the Territory, to the exclusion of 
any other present domicile or house coupled with the pres- 
ent bona fide intention of permanently remaining for the 
same purpose." 

This proclamation was not at all palatable to the slavery 
propagandists and from this time ' henceforth Mr. Reeder 
was in disfavor with them. In a few days some two or 
three hundred Missourians crossed^ over in wagons and on 
horseback to hold a convention at Leavenworth. In this 
convention Mr. Eeeder was denounced as favoring the free 
soilers and abolitionists by not calling an election for mem- 
bers of the Territorial Legislature. They saw that they 
were fast losing ground by the increasing emigration from 
the free States, and hence desired an election that they 
might get control of the legislative affairs of Kansas before 

(2) November 10. (3) November 15. 

15 



134 HISTORY OF KANSAS TERRITORY. 

tliey lost the balance of power. They, therefore, appointed 
a committee to urge u})On liim his duty in this direction. 
The committee presented themselves to Governor Eeeder 
ixfi representing a convention com])Osed of actual residents 
of Kansas Territory, and handed him a memorial from that 
l)ody soliciting liim to call an election for members of the 
Legislature. But Mr. Ileeder was not to he deceived, and 
requested of tliem the proceedings of the convention to 
which they alluded. This they liaughtily and peremptorily 
refused. 

Mr. Reeder replied in a written document to these memo- 
rialists that if they had been actual residents of the Terri- 
tory their petition would have met wdtli a respectful consid- 
eration ; but, though their committee refused to furnish him 
a copy of their proceedings that lie might know the char- 
acter of the convention, he had ascertained from other 
sources that it was composed chiefly of persons from Mis- 
souri whose wishes had no claims upon his consideration. 
He then ]U'oceeded to rebuke them for their misconduct 
and closed with a hope that tlie people from a neighboring 
State would not meddle with the aiiairs of the Territory. 

Therci were three candidates in the field for Delegate to 
Congress. Hon. John A. "Wakefield Avas the avowed free 
State candidate. He was a Virginian by birth, no politician, 
a sincere, honest old man. He was not learned in schools, 
l)ut possessed a large share of practical common sense, and 
would have well represented the interests of the Territory. 
General J. W. Whitfield was the pro-slavery candidate. 
He was a resident of Jackson County, Missouri, a tall Ten- 
nesseean of rather good appearance. With his moderate 
abilities lie possessed a good share of cunning. He was 
nominated l)}^ the convention of his fellow-citizens in Leav- 
enworth to which we alluded above. He afterwards found 
a position in the rebel army. Hon. Robert P. Flenneken 
was an independent candidate who came out with Governor 



1854.] INAUGURATION OF (JOVERNMENT. 135 



,/ 



Reeder on piir[)Ose to run at tlie election, lie was shrewd, 
ambitions and vain ; left immediately after his defeat. 

Tliere was but little interest taken in the election by tlie 
settlers; many of them having just arrived in the Territorv, 
were busy providing for whiter. The issue of slavery was 
not generally made, most of the people feeling tliat the del- 
egate would have little to do in deciding this cpiestion. So 
spoke Judge Flenneker and Gen. Whittield; by Avhicli 
means they obtained free state votes. They both professed 
to be in favor of leaving this question to the people of the 
Territory to settle, and who could object to that 'i Wherever 
the issue was made the free state votes were divided between 
Wakefield and Flenneken — A\'^hitfield getting a few of this 
class. 
The election took place the 29th fo November. Atchison and 
Stringfellow through the agency of the secret societies had 
prepared the Missourians for their work. The former in a 
public speech which he made a few weeks previous to the 
election in Platte county, eloquently exhorted them to 
go over and do their duty by voting.' In one half the 
districts there was little or no fraudulent voting ; in thp 
other half there 1729 illegal votes cast. At Lawrence the 
day previous to the election, the Missourians came on Korse- 
back and in wagons, with guns, bowie knives, rcA^ olvers and 
whiskey, and encamped near town. Early next morning 
having gathered around the house where the polls were 
to be kept, two of the judges not appearing, they selected 
two from their crowd to fill the vacancies and voted. '" In 
order to make ii pretense of right to vote, some persons of 
the company kept a pretended register of Squatter claims, 



(■}) Speech of General Atchison. Nov. (5 : "When you reside in one day's journey 
of the Territory, and when your peace, your quiet and yourproperty depend upon your 
action, you can without an exertion, send five, hundred of your young men who will 
vote in favor of your institutions. Should each county in the State of Missouri only 
do its duty, the question will be decided quietly and peaceably at the ballot-box. It 
we are defeated then Missouri and the other Southern States will have shown them- 
selves recreant to their interests and will deserve their fate. "—Platte Argus. 



136 



HISTORY OF KANSAS TERRITORY. 



on which any one would enter his name, and then assert that 
he had a claim in the Territory. When the polls closed they 
mounted their horses and wagons and cried out "All aboard 
for Westport and Kansas City." With thirty-five legal 
votes there were polled two hundred and twenty-six illegal 
ones. In the 4th District, forty miles from Missouri, out of 
one hundred and sixty-one votes polled, one hundred and 
thirty-one were those of non-residents. In a very remote 
settlement called " 110," seventy-five miles west from the 
border, there were six hundred and four votes polled, of 
which only twenty were legal.' In Marysville, where only 
seven legal votes were polled, there were two hundred and 
thirty-eight fraudulent ones. Some of the leading men of 
Missouri, comprising merchants, doctors and lawyers, were 
recognized among these ballot-box stuti:ers. There were 
the Judges of Buchanan and Cass Counties, the City Attor- 
ney of St. Joseph and a noted lawyer from Independence. 
Of the total number of legal votes cast General Whitfield 
received a plurality. He was declared duly elected by the 
Governor and obtained his seat in Congress. There was 



(5) ABSTRACT OF ELECTION, NOVEMBER 29. lSM.-riio;.r Report of Con- 

oEEssioNAL Committee- 



districts. 



Place of Meeting- 



First.... 
Second. 
Third ... 
Fourth 
Fifth ... 

Sixth |Ft. Scott 

Seventh -"IIO" 

Eighth Council Grove. 

Ninth Reynold's. 



Lawrence,.... 

Dougrlrtfi.. 

Stinson's 

Dr. Chapin's 
H. Shemai's. 



Tenth. 

Eleventh 

Twelfth 

Thirteenth .... 
Fourteenth.... 

Fifteenth 

Sixteenth 

Seventeenth .. 



Big Blue Cross 

Marysvil e 

>^ arton's Store 

Osawkie 

Herding's 

Penseno 

Leavenworth 

Shawnee Agency. 



46 
235 

40 
140 

e» 

105 

597 

1(5 

9 

9 

2.'57 
■M 

m 

130 

207 

232 

49 



Total I I 2258 248 305 



20 



15 





S 








o 




c- 


^' 


._, 








M 


o 


o 


H 


1-4 


300 


300 


261 


:55 


47 


47 


161 


30 


82 


30 


105 


25 


604 


20 


16 


16 


40 


40 


37 


37 


245 


7 


41 


41 


71 


71 


1.53 


103 


306 


100 


312 


150 


62 


62 


2833 


1114 



226 

'W 

.52 
80 
584 



238 



60 
200 
162 



1729 



1854.] INAUGURATION OF GOVllRNMENT. 137 

but little need of this iutermeddling ou the part of Mis- 
souri to elect a pro-slavery man. The free state men disor- 
o-anized, scattered over a vast territory, divided in reference 
to the clioice of Delegate, not regarding the question of sla- 
very at stake, iudifi'erent as to the result, would likely 
have been beaten without votes from Missouri. Had the 
election been on the issue of slavery, the result would have 
been doubtful ; but most probable, as the Missourians 
feared, in favor of Mr. Wakefield. Although Mr. "Whit- 
tield dextrously avoided making slavery an issue in his can- 
vass, his election was immediately heralded by his friends 
as a victory achieved in the interest of slavery. 

Such were the first practical exemplifications of Popular 
Sovereignty. A doctrine incubated by General Cass in 
1848, it was afterw^ards attired in such a beautiful and at- 
tractive garb as to charm the nation. But its success on 
the field of practice was prevented by its own friends and 
itself rendered ridiculous before the world. 

In the meanwhile Justices of the Peace were appointed 
in various localities, before whom difi:erences could be ad- 
justed, criminals arraigned and bound over to the higher 
court. About the first of January the Territory was divided 
into three Judicial Districts and a Justice assigned to each. 
Hon. Samuel D. Lccompte had jurisdiction over the north- 
eastern portion ; Hon. Rush Elmore the south-eastern, and 
Hon. S. W. Johnson the remaining portion of the Territory. 
Preliminary courts were to be held on the first of March, 
and the regular term to begin in April. 



138 HISTORY OF KANSAS TERRITORY. 



CHAPTER XIII. 

ELECTING TERRITORIAL LEGISLATURE. 

This winter proved a remarkably mild and pleasant one 
which greatly favored the new settlers. They continued 
their improvements uninterrupted by cold. 

In order to make a proper apportionment of representa- 
tion, preparatory to calling an election, the Governor caused 
the census to be taken in the Territory during January and 
Februar}^ This work was undertaken without any pu])lic 
announcement of the fact, which highly" incensed the peo- 
ple of the Border. Had such knowledge been imparted to 
them it was their design to cross over and be enumerated. In 
this, they were disappointed and the census returns were 
sent in as accurate as could be mider the circumstances. — 
From them it appears there were 5,128 males, 3,383 females, 
2,805 voters and 3,469 minors in the Territory at that time. 
From the same report we learn that there were 408 of tor- 
eign birth, 7,161 natives of the United States, 151 negroes 
and 192 slaves, making a total population of 8,601 souls. 

The following anecdote is obtained from Mr. Phillip's 
" Conquest of Kansas : '' 

" As a census taker approached a log cabin some three 
miles from Atchison, a woman Avith violent gesticulations 
and loud voice came running across the prairie; 'Are you 
the man that takes the censum "r" ' Yes, Ma'm ; What do 



(1) In many places pro-slavery men would prepare a list of those living in Missouri 
and endeavor by threats to have the census-taker insert them, 



1855.] ELECTION OP LEGISLATORS. 139 

you want?' 'Why, ride to Atchison just as quick as you 
can and take the censum ; there are two men in my house 
with my husband ; they are expecting you, and they are to 
get you talking and detain you while one rides to Atchi- 
son to tell them that you are coming, so that the people 
from Missouri can come over and get in the censum. So 
ride there quick and m^' husband wont kuoAv that you have 
come along.' He passed on to Atchison and took the cen- 
sus." 

For months the Missourians and pro-slavery men had 
been railing at Gov. Reeder for not calling an election for 
members of the Territorial Legislature. They charged him 
him with being in league with the "Abolition Societies'' 
of the East and with deferring the election, that they might 
carr}' it by the vast influx of imported voters in the spring. 
They threatened to depose him by assassination, or petition 
his removal. Others desired to elect a new Governor at 
the coming election and solicit his appointment by the 
President. Unheeding their outcries and menaces, he per- 
severingly labored for the good of the Territory. What 
need was there for such haste in electing a Legislature? — 
Peace and quiet prevailed throughout the Territory, and 
courts were established where all differences • could be ad- 
justed. Had Mr. Reeder designed to favor the free state 
party by delaying the election, he certainly w'ould have 
fixed it a little later in the season, as eastern emigration 
could not reach here before the last of April. He really fa- 
vored the Missourians whose spring emigration could arrive 
in March by appointing the election to be held at the time 
he did. 

Five days after the census returns were perfected,' the 
Governor issued his proclamation for an election of mem- 
bers to the Council and House of the Territorial Legisla- 
ture, to take place on the* 30th of March. 

The free state men determined to be more organized this 

(1) March 8th. 



140 . HISTORY OF KANSAS TEREITORY. 

time, aucl make a manful contest at the polls. There was 
no disguising the fact that slavery was the real issue in this 
election. The Free State part};- was organized, speakers 
appointed to canvass the country and awaken the people to 
the importance of the interests at stake; primary conven- 
tions were held and candidates nominated, in short all the 
paraphernalia of a political campaign was exhibited. Every 
one telt that the destinies of the State were to be decided. 

But the earnest and peaceful effort of these isolated free- 
men were doomed to meet a crushing opposition. The peo- 
ple of the Border no longer concealed tbeir intention to 
come over and vote. The pro-slaver}^ newspapers in Kan- 
sas invited and urged them to come. False and inflamma- 
tory rumors were circulated through all Western Missouri 
concerning vast "hordes of paupers and abolitionists" be- 
ing carried to Kansas on every boat b}^ the Emigrant Aid 
Societies in order to control the election. The secret soci- 
eties were put into requisition and every arrangement and 
provisions made for the conquest of Kansas unto Slavery. 

At a pro-slavery mass meeting in Platte City i^ovember 
5th, 1855, Hon. D. H. Atchison addressed the people, and 
among other things said : 

"We must and will make Kansas a Slave State, jjeaceably 
if we can, and at the point of the bayonet if we must." 

Rev. Leander Kerr, who read a poem and an address de- 
nouncing the free state settlers in Kansas, said : 

"Go then (to Kansas) as men, as patriots, as Christians, 
and do your duty to yourselves, your country and your 
God." 

Gen. B. F. Stringfellow, to remove all scruples of legality 
in the conduct of Missourians going over to vote, delivered 
the following argument upon it : 

"If the very day of his returning is not fixed, if he is un- 
certain, he is in strictest law a 'resident' and an 'inhabi- 
tant.' 



1855.] ELECTION OF LEGISLATORS. 141 

"By the Kaiisus act every man in the Territory on the 
(hiy of election is a loyal voter, if he has not iixed a day for 
his return to some other home. 

"Every man has a right to go to Kansas for such ))ur- 
poses as he pleases. 

"The presence of a voter is all the proof of residence he 
is required to give. If present it is necessary to show he 
has not a right to vote." 

As these invasions and stnfting of the Imllot-hox hy the 
Missourians have no precedent in the history of our country, 
and so strikingly exemi)lify the doctrine of Popular Sover- 
eignty, which repealed the Missouri restriction on the plea 
of injustice and uncoTistitutionality, a full account of the 
second invasion is here inserted from the report of tlie com- 
mittee appointed by Congress to investigate it. 

"By an organized movement vv^hich extended from An- 
drew County in the north to Jas]»er County in the south, 
and as far eastward as Boone and Cole Counties, Missouri, 
companies of men were arranged in irregular parties and 
sent iiito every council district in the Territory, and into every 
reyresentaiive district hut one. The members were so distrib- 
uted as to control the election in eacli district. They went 
to vote, and with an avowed design to make Kansas a Slave 
State. They were generally armed and equipped, carried 
with them their own provisions and tents, and so marched 
into the Territory. The details of this invasion from the 
mass of testimony taken by your committee are so volumi- 
nous that we can here state but the leading facts elicited. 

FIRST DISTRICT LAWRENCE. 

"The company of persons who marched into this district 
were collected in Ray, Carrol, Howard, Boone, LaFayette, 
Kandolph, Macon, Clay, Jackson, Saline and Cass Counties 
in the State of Missouri. Their expenses were paid; those 
who could not come, contributing provisions, wagons, &c. 
Provisions were deposited for those who were expected to 
come to Lawrence, in the house of William Lykins, and 
Avere distributed among the INIissourians after they arrived 
there. The evening before, and tlie morning of the day of 
16 



142 HISTORY OF KANSAS TERRITORY. 

the eleetiou, about 1,000 men from the above named coun- 
ties arrived and camped in a ravine a sbort distance from 
town, near the place of voting. They came in wagons (of 
which there were over 100), and on horse-back, under the 
command of Colonel Samuel Young, of Boone County, 
Missouri, and of Clairborn F, Jackson, of Missouri. They 
were armed with guns, pistols, bowie knives, and had tents, 
music and flags with them. They brought with them two 
pieces of artillery loaded with musket balls. On their way 
to Lawrence some of them met Mr. N. B. Blanton, who had 
been appointed one of the judges of the election by Gov- 
ernor Reeder, and, after learning from him that he consid- 
ered it his duty to demand an onth from them as to their 
place of residence, lirst attempted to bribe him, and then 
threatened him with hanging, in order to induce him to 
dispense with that oath. In consequence of these threats 
he did not appear at tlie polls the next morning to act as 
judge. 

" The evening before the election the Missourians were 
called together before the tent of Clairborn F. Jackson, and 
speeches were made to them by Colonel Young and others, 
calling for volunteers to go to other districts where there 
were not Missourians enough to control the election, as 
there were more at Lawrence than were needed there. 
Many volunteered to go, and on the morning of the elec- 
tion several companies, from 150 to 200 each, went off to 
Tecumseh, Hickory Point, Bloomington and several other 
places. On the morning of the election the Missourians 
came to the place of voting from their camp in bodies of 
100 at a time. Mr. Blanton not appearing another judge 
Avas appointed in his place. Colonel Young claiming that 
as the people of the Territory had two judges it was noth- 
ing more than right that the Missourians should have the 
other one to look after their interests; and Robert A. Cum- 
mings was elected in Blanton's stead, because he considered 
every man had a right to vote if he had been in the Terri- 
tory but one hour. 

" When the voting commenced the question of legality 
of a vote of a iSIr. Page was raised. Before it was decided 
Colonel Samuel Young stepped up to the window where the 
votes were received and said he would settle the matter. 
The vote of Mr. Page was withdrawn and Colonel Young 



1855,] ELECTION OF LEGISLATORS. 143 

offered to vote. He rel'ased to take the oath in'escribed by 
the Governor, but sAvore he was a resident of the Territory, 
upon which liis vote was received. He told !Mr. Abbot, one 
of the judges, when asked if he intended to make Kansas 
his future home, that it was none of his business ; that if 
he were a resident then, he sliould ask no more. After his 
vote was received he got up on the window-sill and an- 
nounced to the crowd tliat he had been permitted to vote, 
and they sliould all come up and vote. He told the judges 
that there was no use in swearing the others, as they would 
all swear {js he had done. After the other judges had con- 
cluded to receive Colonel Young's vote, Mr. Abbot resigned 
as judge of the election, aiid Mr. Benjamin was elected in 
his place. 

" The polls were so much crowded until late in the even- 
ing, that for a time when men had voted they were obliged 
to get out l)y being hoisted upon the roof of the building 
where the election was being held, and pass out over the 
house. Afterwards, a passage v>'ay through the cro^^'d was 
made by two lines of men being formed, through which the 
voters could get up to the polls. Colonel Young asked that 
the old men be allowed to go up first and vote, as they were 
tired with the traveling and wanted to get back to cam}). 

'- The Missourians sometimes came up to the polls in pro- 
cession two and two and voted. 

" During the day the Missourians drove off the ground 
some of the citizens — Mr. Stearns, Mr. Bond and Mr. Wil- 
lis. They threatened to shoot Mr, Bond, and a crowd rushed 
after him, threatening him ; and as he ran from them some 
shots were fired at him as he jumped off the bank of the 
river and made his escape. The citizens of the town went 
over in a body late in the afternoon, vvdien the polls had 1)0- 
come comparatively clear, and voted. 

" They said they came to tlie Territory to elect a Legisla- 
ture to suit themselves, as the people of the Territory and 
persons from the East and the North Avanted to elect a Leg- 
islature that would not suit them. They said they had a 
right to make Kansas a slave State, because the people ot 
the Xorth had sent persons out to make it a free State, 
Some claimed that they had heard that the Emigrant Aid 
Society had sent men out to be at the election, and the}' 
came to offset their votes ; 1)ut the most of them made no 



144 HISTORY OF KANSAS TERRITORY. 

.such claim. Colonel Young said that he wanted the citi- 
zens to vote, in order to give the election some show of fair- 
ness. The IVIissourians said there would l)e no dithculty if 
the citizens did not interfere with their voting ; but they 
were determined to vote peaceably if they could, but vote 
anyhow. They said each one of them was prepared tor 
eight rounds without loading and woukl go the ninth round 
with the butcher knife. Some of them said that by voting 
they w^ould deprive themselves of the right to vote in Mis- 
souri for twelve months afterwards. The Missourians 
began to leave the afternoon of tlie election, though some 
did not go home until next mornmg. In many cases when 
a wagon load had voted they immediately started for home. 
On their way home they said that if Governor lieeder did 
not sanction their election they Avould hang him. 

" The citizens of the town of Lawrence as a general 
thing were not armed on the day of election, though some 
had revolvers, but not exposed as were the arms of the Mis- 
sourians. They kept a guard about the town the night 
after the election, in consequence of the threats of the Mis- 
sourians, in order to protect it. 

SECOND DISTRICT BLOOMINGTON. 

On the morning of the election, the judges appointed by 
the (Tovernor appeared and opened the polls. Their names 
were Harrison Burson, ^Nathaniel Ramsey, and Mr. Ellison. 
The Missourians began to come in early in the morning, 
some 500 or 600 of them in wagons and carriages, and on 
horseback, under the lead of Samuel J. Jones, then post- 
master at Westport, Missouri; Claiborne F. Jackson and 
Mr. Steeley, of ludependence, Alissouri. They were armed 
witli (loul)le-l)arreled guns, rifles, bowie-knives and pistols, 
and had ilags hoisted. They lield a sort of an informal elec- 
tion olf at one side, at Urst for Governor of Kansas Terri- 
tory, and shortly afterwards announced Thomas Johnston, 
of fc^hawnee Mission, elected Governor. The poUs had been 
opened but a short time, when Mr. Johnson marched with 
the crowd up to the window and demanded that they be 
allowed to vote, without swearing as to their residence. — 
After some noisy and threatening talk, Claiborne F. Jack- 
son addressed tlie crowd, saving that they had come there 
to vote ; that they had a riglit to vote if they had been there 



1855.] ELECTION OF LEGISLATORS. 145 

l)ut live minutes, and he was not willing to go home with- 
out voting-; which was received with cheers. Jackson, then 
called upon them to form into little bauds of fifteen or 
tAventy, which they did, and weut to au ox wagon filled 
with guns, which were distributed among them, and pro- 
ceeded to load some of them on the ground. In pursuance 
of Jackson's request, they tied white tape or ribbons in 
their button-holes, so as to distinguish them from the ''abo- 
litionists." They again demanded that the judges should 
resign, and upon their refusing to do so, smashed in the 
windows, sash and all, and presented their guns and pistols 
to them, threatening to shoot them. Some one on the out- 
side cried out to them not to shoot as there were pro-slavery 
men in the house. During this time the crowd repeatedly 
demanded to be allowed to vote without being sworn, and 
Mr. Ellison, one of the judges, expressed himself willing, 
Imt the other two judges refused ; tliereupon a body of men 
headed by Sherifi:' Jones, rushed into the judges' room with 
cocked pistols and drawn bowie-kniv'es in their hands, and 
approached Burson and Ramsey. Jones pulled out his 
watch and said he would give them five minutes to resign 
in, or die. When the five minutes had expired and the 
judges did not resign, Jones said he would give them an- 
other minute and no more. Ellison told his associates if 
they did not resign there v\'ould be one hundred shots fired 
in the room in less than fifteen minutes, and then snatching 
up the ballot-box ran out into the crowd, holding up the 
ballot-box and liurrahing for Missouri. About that time 
Burson and Ramsey were called Out by their friends, and 
not suftcred to return. As Mr. Burson went out he put the 
ballot poll books in his pocket, and took them Avith him, 
and as he was going out Jones snatched some papers away 
from him, and shortly afterwards came out himself holding 
them up, crying " Hurrah for Missouri ! " After he discov- 
ered they were not the poll-books, he took a party of men 
with him and started oft' to take the poll-books from Bur- 
son. When Mr. Burson saw them coming he gave the 
books to Mr. ^linberger and told him to start ofl'in another 
direction, so as to mislead Jones and his party. Jones and 
his party caught Mr. Minberger, took the poll-books away 
from him, and Jones took him up behind him on a horse 
and carried him back a prisoner. After Jones and his party 
had taken Minberger back, they went to the house of Mr. 



146 HISTORY OF KANSAS TERRITORY. 

Kamsey and took Judge John A. Wakefield prisoner, and 
carried him to the place of election and made him get up 
on a wagon and make a speech ; after which they put a 
white ribbon in his button-hole and let him go. They then 
chose two new judges and proceeded Avith the election. — 
They also threatened to kill the judges if they did not re- 
ceive their votes without swearing them, or else resign. — 
They said no man should vote who would submit to 1)0 
sworn ; that they w^ould kill any man who would offer to do 
so; "Shoot him;" " cut his guts out," &g. They said no 
man should vote this day unless he voted an open ticket, 
and was all right on the goose ; and if they could not vote 
by fair means, they would by foul. Tliey said they had as 
much right to vote if they had been in the Territory two 
minutes as if they had been in the territory two years, and 
they would vote. Some of the citizens who were about 
the window^ when the crowd of Missourians marched up 
there, upon attempting to vote were driven back by the 
mob, or driven off. One of them Mr. J. M. Mace, was 
asked if he would take the oath ; and upon his replying 
tliat he would if the judges required it, he was dragged 
through the crowd away from the polls, amid cries of "kill 
the damned nigger thief," " cut his throat," " tear his heart 
out," &c. After they got him to the outside of the crowd, 
they stood around him with cocked revolvers and drawn 
l)Owie-knives, one man putting a knife to his breast so that 
it touched liim ; another holdi]]g a cocked pistol to his ear, 
while another struck at him with a club. The Missourians 
said they had a right to vote, if they had been in the Terri- 
tory but five minutes. Some said they had been hired to 
come there and vote, and got a dollar a day, and by God 
tliey would vote or die there. 

SIXTEENTH DISTRICT. 

" For some time previous to the election, meetings were 
held and arrangements made in Missouri to get up compa- 
nies to come over to the Territory and vote ; and the day 
l)efore, and the day of the election, large bodies of Missou- 
rians from Platte, Clay, Ray, Carrol, Clinton and Sjilinc 
Counties, Missouri, came into this district and camped 
there. They were armed with pistols, bowie knives, and 
some with guns and rifles, and had badges of hemp in their 
button-holes and elsewhere about their persons. On the 



1855.] ELECTION OP LEGISLATORS. 147 

nioriiing of the election there were from 1,000 to 1,400 per- 
sons on the gronnd. Previons to the election the Missonrians 
endeavored to persuade the two free state judges to resign, 
by making threats of personal violence to them ; one of 
whom resigned on the morning of the election, and the 
crowd chose another to fill his place. But one of the 
judges — the free state judge — would take the oath pre- 
scribed by the Governor, the other two deciding they had 
no right to swear any one who offered to vote, but that all 
on the ground Avere entitled to vote. The only Azotes re- 
fused Avere some DelaAvare Indians, some thirty Wyandolt 
Indians being alloAved to A^ote. One of the free state can- 
didates withdrew in consequence of the presence of the 
]Missourians, amid cheering and acclamation by the mob. 
During the day the steamboat jSTew Lucy came doAvn from 
^V'eston, jSIissouri, with a large number of Missonrians on 
])oard, Avho A'oted, and then returned on the boat. The 
Missonrians gave as a reason for thus coming over to A'ote, 
that the ISTorth had tried to force emigration into the Terri- 
tory, and they Avanted to counteract that moA'ement. Some 
of the candidates, and many of the Missonrians, took the 
ground that, under the Kansas-jSTebraska act, all Avho Avere 
on the ground on the day of election Avere entitled to A^ote, 
and others, that laying out a toAvn and taking a lot, or driA'- 
ing down stakes, CA^en on another man's claim, gave them a 
right to A'ote, and one of the members of the Council, I\. 
H. Rees, declared in his testimony that he avIio should put a 
different construction upon the law must be either a knaA^e 
or a fool. The free state men generally did not A'ote at that 
election, and no ncAAdy arriA^ed emigrants Avere there. 

EIGHTEENTH DISTRICT. 

" Previous to the election, General David E. Atchison, of 
Platte City, Missouri, got a company of Missonrians, and, 
passing through Weston, Missouri, Avent over into the Ter- 
ritory. He remained all night at the house of Arnett 
Groams, and there exhibited his arms, of Avhich he had an 
abundance. He proceeded to the iTemaha or 18th district. 
On his way he and his party attended a nominating conven- 
tion in the 14th district, and proposed, and caused to be 
nominated a set of candiates in opposition to the wishes of 
the pro-slavery residents of the district. At that conven- 



148 



HISTORY OF KANSAS TERRITORY. 



tion he said that there were;l,100 coming over from Platte 
County, and if that wasn't enongh they woukl bring- 5,000 
more; that they came to vote and would vote, or kill every 
G — d d — d abolitionist in the Tc^rito^3^ 

" On the day of election the Missourians under Atchison, 
who were encamped there, came up to the polls in the 18tli 
district and voted, taking the oath that they were residents 
of the district. The Missourians were all armed with pis- 
tols and bowie knives, and said there were sixty in their 
company. But seventeen of the votes given there were 
given by citizens of the district. The whole number of 
votes was sixty-two. li. L. Kirk, one of the candidates, 
came into the district from Missonri about a week before 
the election and boarded there. He left after the election, 
and was not at the time a legal resident of the district in 
which he was elected. iSTo protest was sent to the Governor 
on account of threats made against any who should dare t(j 
contest the election. 

" The following table embodies the result of the examin- 
ation of your committee in regard to this district. In some 
of the districts it was impossible to ascertain the precise 
number of legal votes cast, and especially in the 14tli, 15th 
and 16th districts. In such cases the number of legid and 
illegal votes cast is stated after a careful re-examination ot 
all the testimony and records concerning the election. 

TAKEN FROM THE ABSTRACT OF THE ELECTION RETURNS OF THE 
3Uth of march. 



PLACE OF VOTING. 



Lawrence 

Bloomington 

Stinson's 

Dr. Charman's.'... 

Bull Creek 

Pottawattamie 

Big Sugar Creek.— 
Little Sugar Creek 

Ft. Scott 

Isaac B. Titus' 

Council Grove, 

Pawnee 

Big Blue 

Rock Creek 



a 


EC 
























>■ 












O 


tc 






a 




_g 










U2 


o 








o 


(O 


c3 








Pa 


Pm 


Cfi 


781 
318 


253 
12 




n 


:',m 


4 


2 


78 
377 
liM 

74 


o 

65 
17 








7 


315 

211 

17 

2.^ 

27 

2 


70 
35 
23 
17 
5'' 
42 
2i 

















1034 
341 
372 

80 
38(5 
564 

98 
104 
351) 

37 
75 
C9 
23 



232 
30 
32 
15 
13 
75 
32 
104 
100 
25 
37 
75 
48 
23 



802 
310 
338 

65 
38) 
191 

69 



By Census, 



369 
199 
101 

47 



442 



550 253 
209 53 
39 
.•',6 
63 



962 
519 
282 
177 



1407 



812 

118 

83 

86 

161 



1855.] 



ELECTION OF LEGISLATORS. 



149 



TAKEN FROM THE ABSTRACT OF THE ELECTION RETURNS OF THE 
30th of MARCn-Cox\CLUDED. 





o 
<a 
o 


rn 

b 

a 
a 

to 


sin 

a 

"S 

CO 


"3 


0) 

o 

be 
<u 

o 
H 


o 
o 
> 

be 
o 

M 

"3 

o 
H 


By Census. 


PLACE OF VOTING. 


a 

6 

24 
....„„. 

96 

■■■334' 

"■■^iis" 

385 
50 
28 


u 




328 
4 
12 

?,\:\ 

67 
2ofi 
412 
8!l!) 

4:i 

48 
6427 






328 

il 

239 

34(1 

78 

306 

417 

964 

59 

62 


7 

11 

33 
12 

■■200" 

■■■■go" 

150 
59 
17 


321 


36 




7 
]!) 

fi 
80 
15 

o 






2 


144 


Hickory Point 


230 

"530" 

"337" 
814 


284 


Doniphon 

Wolf Creek 


8 
fi 

48 
5 
5 


li67 






Havs 


873 


Iicaven worth 


60 
16 
14 

7Sl 


1183 


Green Spring 


150 


Moorestown- 




45 


99 








Total 


89 


6307 


1410 


4908 


2905 


8601 



These extracts Jiftbrcl a fair sample of border invasion. 
At many of the other precincts it was equally as bad. Thus 
we see an army of almost 5,000 men, fully equipped, 
marched into the Territory under the leadership of the dis- 
tinguished men of Missouri — Hon. David R. Atchison, 
United States Senator and ex officio Vice President, Hon. 
M. J. Oliver, likewise Senator, and afterwards a member of 
the Investigating Committee, Ity whom these facts were 
elicited, Hon. Claiborn F. Jackson, afterwards Governor of 
Missouri, and many others of like stamp, for the avowed pur- 
pose of controiing the election; and the only justification 
they could offer for their conduct was that they had hearti. 
the Emigrant Aid Societies were going to ship in voters. 

The invasion of Kansas was a popular movement in West- 
ern Missouri, participated in by all classes of society. AVith 
the exception of a few leaders, who were doubtless behind 
the curtain, most of them acted sincerel}' and conscientiously, 
believing that the measures thus adopted were called out 
and fully justified by the action of the Emigrant Aid Socie- 
ties. Old men and young men, the robust and infirm, the 
17 



X 



150 HISTORY OF KANSAS TERRITORY. 

conscientious and reckless, the educated and illiterate, all 
joined heartily in this movement to make Kansas a slave 
State. 

"The only persons emigrated into the Territory under the 
auspices of this company in 1855, prior to the election in 
March, were a party of one hundred and sixty-nine persons, 
who came under the charge of Dr. Charles Robinson. 

" In this party there were sixty-seven women and children, 
They came as actual settlers, intending to make their homes 
in the Territory, and for no other purpose. They had about 
their persons but little baggage, usually sufficient clothing 
in a carpet sack for a short time. Their personal eifects, 
such as clothing, furniture, &c., were put into trunks and 
boxes, and for convenience in selecting and cheapness in 
transporting, were marked, ' Kansas party baggage ; in care 
of B. Slater, St. Louis.' Generall}^ this was consigned as 
freight, in the ordinary Avay, to a commission merchant. 
This party had, in addition to the usual allowance of one 
hundred pounds to each passenger, a large quantity of bag- 
gage on which the respective owner paid the usual extra 
freight. Each passenger or party paid his or their own ex- 
penses, and the only benefit they derived from this society, 
not shared by all the people of the Territory, was the reduc- 
tion of about seven dollars in the price of fare, the conve- 
nience of traveling in a company instead of alone, and the 
cheapness and facility of transporting their freight through 
regular agents, Subsecpiently many emigrants, being either 
disappointed with the country, or its political condition, or 
deceived by stateiiients made in newspapers, and by agents 
of the society, became dissatisfied and returned, both before 
and after the election, to their old homes. Most of them 
are now settlers in the Territory. Some few voted at the 
election in Lawrence, but the number was small. The 
names of these emigrants have been ascertained, and thirty- 
seven of them are found on the poll books. This company 
of peaceful emigrants, moving with their household goods, 
was distorted into an invading horde of pauper abolitionists, 
who were, with those of a similar character, to control the 
domestic institutions of the Territory, and then overrun 
those of the neighboring State. 

•' The entire emigration in March, 1855, is estimated at 



1855.] ELECTION OF LEGISLATORS. 151 

live buiiclred persons. They came on steamboats up tlio 
Missouri River in the ordinary course of emigration. Many 
returned for causes similar to those before stated, but the 
body of them are now residents. The only persons of those 
who were connected by proof with the election, were some 
who voted at the Big Blue precinct, in the 16th District, 
and at Pawnee, in tlie 9th District." 

The time of holding the election was not known to the 
first emigrant party until they reached St. Louis. 

Although the free state men had determined to make 
every honest eifort to secure Kansas from the curse of sla- 
very at the ballot box, still, on the day of the election, seeing 
that there was no hope in attempting to compete with all 
Missouri, they in many instances gave up the struggle, and 
did not vote at all, their candidates withdrawing from the 
unfair contest. Of the 2,905 names of legal voters in the 
census table, only 831 were found on the poll books. 

Had the election been a fair one, in which every legal vo- 
ter among the actual settlers, and none others, had partici- 
pated, it would have rosuhed in the election of seven mem- 
bers of the Council in tavor of making Kansas a free State, 
three opposed to it and three doul)tful. Under like circum- 
stances the House would have been composed of fourteen 
free state members, seven slave state and seven doubtful 
ones. 

The City Attorney of St. Joseph, in giving his testimony 
before the Investigating Committee, in reference to the mo- 
tive of the Missourians in coming over and voting, said : 

" It is my intention, and the intention of a great many 
other Missourians now resident in Missouri, whenever the 
slavery issue is to be determined upon l:)y the people of this 
Territory- in the adoption of the State Constitution, to re- 
move to this Territory in time to acquire the right to be- 
come legal voters upon that question. The leading purpose 
of our intended removal to the Territory, is to determine 
the domestic institutions of this Territory when it becomes 
a State, and we would not come but for that purpose, and 



152 HISTORY OF KANSAS TERRITORY. 

would never think of coming here but for that purpose.^ I 
beheve there are a great many in Missouri who are so situ- 
ated." 

It was plainly the duty of Governor Reeder to have set 
aside this election as fraudulent and irregular. The Organic 
Act empowered him so to do ; he was fully aware of the 
enormous frauds perpetrated ; the free state men urged the 
subject upon him, pledging him protection and support. 
Such a step on the part of Governor Eeeder would have 
thwarted the efforts of the Missourians to force a government 
upon the people of Kansas, and might have averted the 
tierce conflict which ensued. 

But the members of the Legislature thus elected imme- 
diately demanded of Mr. Reeder certificates of election, as 
required by the Organic Act, threatening him with assassi- 
nation in case of refusal. With pistols cocked and pointed 
at his breast, he examined the election returns, and pain- 
fully witnessed the evidences of fraud. He hesitated and 
wavered ; he scarcely knew what to do. As he hesitated 
he was more sorely pressed ; as he wavered danger was 
more thickly menaced. He fiiltered, gave way, issued the 
certificates, and thus, so far as he could, legalized the elec- 
tion. It was a sad misstep, and grew out of the want of 
sufficient fearless and undaunted firmness. 

But few protests against the election frauds reached Mr. 
Reeder before he issued the certificates, the people being re- 
mote and ignorant, in many instances, of the proper remedy, 
or intimidated by the threats of pro-slavery men. Without 
deciding upon his power to cast aside elections for illegality 
or fraud, thus going behind the returns, he set aside the 
election in six districts on account of informalities in the re- 
turns, and ordered a new election in the same. 

The pro-slavery men were highly incensed at Mr. Reeder 
in daring thus far to question the legality of their proceed- 
ings. They held their meetings, and decided not to pay 



1855.] ELECTION OP LEGISLATOES. 153 

any attention to the newly ordered election in every district 
except at Leavenworth. They declared that the Governor 
had no right to decide npon the legality of an election, hnt 
was hound to issue certificates according to the election re- 
turns. 

The contested election came off on the 22d of May, and 
free state men were elected unanimously, except at Leaven- 
worth, where about five hundred Missourians came over 
an4 " played their old game." 



154 HISTORY OF KANSAS TERRITORY. 



CHAPTER XIV. 

THE CONSEQUENCE. 

The free state men keenly felt the outrages committed 
upon them by the people of Missouri. The whole Xorth 
was deeply moved and incensed at these glaring acts of in- 
justice and oppression. All felt the danger and weakness 
of these isolated emigrants thus over-ridden in Kansas. 
All began to understand the desperate, reckless character of 
the men who led and composed these invaders. The de- 
signs and plans of slavery propagandists in subduing Kan- 
sas and planting slavery there at every hazard, began to be 
discernable. Dark and ominous clouds, foreboding a burst- 
ing storm, began to lower over the beautiful fields of this 
Territory. All felt that a storm was gathering and dreaded 
the bursting of that storm. 

The free state men demeaned themselves under such in- 
dignities and acts of violence with the forbearance of chris- 
tians and the coolness of patriots. They believed in a just 
God that would rectify their wrongs and looked to the gen- 
eral Government as His appointed deliverance. They could 
not but hope that the United States would extend its strong- 
arm of protection over the infant Territory from the op- 
pression of a neighboring State for which they most filially 
petitioned Congress. They could not believe that those 
who had so eloquently declaimed against intervention in the 
afiairs of a Territory by Congress, would be the first to ex- 
cuse and apologize for like conduct on the part of a State. 



1855.] THE CONSEQUENCE. 155 

Thus feelina:, believing and hoping, they determined to suf- 
fer and wait in patience. 

The people of the Border were jubihint over their tri- 
umph. The pro-slavery newspapers went into ecstacies on 
receiving the news. The Platte Argus declared '•• it must 
he admitted that they — the Missouriaus — have conquered 
Kansas. Our advice is let them hold it or die in the at- 
tempt." The Squatter Sovereign resounds, " Out with the 
GUN ! 'We have met the enemy and they are ours !' We 
HAVE achieved A GLORIOUS VICTORY." Meetings of congrat- 
ulations were held in various Border counties, at which the 
})erpetrators of these outrages were complimented for their 
patriotic achievements. 

In all these newspaper announcements, in all the public 
meetings, called by the news of the election, an exhortation 
Avas made " not to let the good work stop but carry it on 
until every abolitionist (alias free state men) was extermin- 
ated from the Territory. Many means could be devised 
whereby these unbearable nuisances could 1)6 removed ; but 
the most effectual method that occurs to our mind is to in- 
flict instant punishment upon the offender. We are not^ 
except in extreme cases, an admirer of Judge Lynch's code 
of practice, nor of self-constituted powers, but under the 
circumstances we opine the organization of a Vigilance 
Committee throughout the Territory, for the protection of 
slave property, would not only be a judicious policy but one 
fully justifiable in the premises. As a first step the town of 
Lawrence should be rid of its pestiferous inhabitants." 

Thus sustained by the press and public sentiment, the 
mobatic spirit knew no bounds. Mr. Reeder, who went to 
Washington soon after the election, was threatened with 
lynching if he returned to the Territory. A convention 
was accordingly called by the people of Platte County, Mis- 
souri, to be held at Leavenworth on the 28th of May, for 
the purpose of taking into consideration the question of de- 
posing Governor Reeder and electing a new Governor. 



156 HISTORY OF KANSAS TERRITORY. 

This movement was doubtless designed to intimidate Mr. 
Iveeder and hasten his resignation ; at least the convention 
never met. From this time dates the mobatic reign of ter- 
ror in nortli-west Missouri and in Kansas. 

On the 14th of April the mob collected in Parkville and 
destroyed the printing press of the " Industrial Luminary." 
They first paraded it in the streets with a white cap drawn 
over its head, then carried it to the Missouri River and 
threw the press into its waters. It was their intention to 
tar and feather Messrs. Park and Patterson, the editors, but 
the former was absent and the latter was saved from their 
fury by the aflectionate interposition of his wife. This 
paper supported Mr. Benton and opposed Mr. Atchison and 
his friends, by whicli it had incurred their displeasure. 
After the election in Kansas Territory, it mildly condemned 
the course of the Missourians. The followers of Atchison, 
perhaps, inspired by their chief, decreed its destruction, and 
were not long in carrying out their purposes. After having 
accomplished their work, they passed resolutions requesting 
th-* two editors to leave the country under severe penalties 
in case of refusal. They also forbade all ministers of the 
^vTorthern branch of the Methodist church from preaching 
in that vicinity. 

In a few days afterwards meetings held at Liberty and 
Weston endorsed the action of the mob at Parkville, and 
extended the resolution in reference to Methodist preachers 
to all ministers from free States, or those who were not 
known to be friendly to slavery. They resolved that " every 
person who shall in any manner speak or publish doctrines 
or sentiments calculated to bring reproach upon the institu- 
tion of negro slavery, ' shall be expelled from the country.' " 
In accordance with the above resolutions, several pious, de- 
voted and talented ministers of the Grospel were compelled 
to leave the State on account of their opinions. 

On the last day of April, at a squatter meeting in Leaven- 
worth, an altercation took place between a Mr. Clark and a 



1855.] THE CONSEQUENCE. 157 

Mr. McCrea, which resulted in the hitter's shooting the for- 
mer in self-defense. As one of these was pro nnd the other 
a.nti-slaverj, it awakened party excitement and furnished 
grounds for further acts of violence. McCrea was pursued, 
tired upon and wounded — was taken to the fort prisoner, 
where he was retained a long time — finally escaped and 
went to Texas. At a meeting assembled on the evening 
fbllowing this homicide, a committee was appointed to wait 
upon a young attorney, William Phillips, Esq., to notify 
him to leave the Territory. They accused him of being ac- 
cessory to the murder of Clark, and of having perjured him- 
self in swearing to a protest against the election held there 
on the 30th ultimo. 

The same crowd assembled on the following Thursday, 
which was but an adjourned meeting of the former. The 
committee appointed to wait upon Mr. Phillips reported 
that he had left agreeable to the notice given, and was dis- 
charged. A vigilance committee of thirty members was 
then appointed " to watch and observe all persons producing 
disturbances to the quiet of our citizens," with authority to ex- 
pel the same from the Territory. This meeting " was elo- 
([uently addressed'' by the Chief Justice of the Territory. 

The Vigilance Committee, on learning in the afternoon 
that Mr. Phillips was in town, proceeded immediately to 
his house. On his declaring to them that he would not 
leave the Territory, they took him to Weston, shaved one 
side of his head, tarred and feathered him, rode him on a 
rail through the streets, and finally had him sold at auction 
by a negro. 

At a meeting held in Leavenworth a fevv" days afterwards, 
of which a prominent member of the Legislature elect was 
president, the following resolutions were adopted : 

"1st. That we heartily endorse the action of the com- 
mittee ot citizens, that shaved, tarred and feathered, and 
rode on a rail and luid sold by a negro, William PhiUips, 
the moral perjurer. 
18 



158 HISTORY OF KANSAS TERRITORY. 

" 2d. That v*^e return our thanks to the committee for 
faithfully performing the trust enjoined upon them by the 
pro-slavery party. 

"3d. That the committee be now discharged. 

" 4th. That we severely condemn those pretended pro- 
slavery men who, from mercenary motives, are now calling 
upon the pro-slavery party to submit without farther ac- 
tion. 

" 5th. That in order to secure peace and harmony to the 
community we now solemnly declare that the pro-slavery 
party stand firmly by and carry out the resolutions reported 
by the committee appointed for that purpose on the ' mem- 
orable SOth: " 

The wonderfal difference between the two conflicting ele- 
ments in the Territory at that time is remarkable. The 
pro-slavery men, impetuous, aggressive and overbearing, 
sought by all possible means to embroil the opposite party 
into difficulties. The free state men, cool, prudent and sa- 
gacious, " as harmless as doves and as wise as serpents," 
acted entirely upon the defensive, and avoided, as much as 
possible, all troubles. The former were blustering and mer- 
cenary, the latter quiet and unobtrusive. The former 
claimed as their right the very thing which had been re- 
ferred to the decision of the ballot-box ; the latter only 
claimed the right which their Government guaranteed them 
of assisting to give shape to that decision. The one was 
wild with excitement, blinded by prejudice, rough and pro- 
fane, supported by the adjoining State, strong in numbers 
and wealth. The other quiet, intelligent, refined and devo- 
tional, were far removed from friends, liable to be crushed 
at any moment by the furious and threatening Ruffians of 
the Border. The press of one sent forth slang, vitupera- 
tion, misrepresentation and inflammatory appeals, fit fuel for 
civil war ; that of the other denounced all acts of violence, 
and appealed to men's better natures to abstaiafrom engen- 
dering strife. 



1855.] TERRITORIAL LEGISLATURE. 159 



CHAPTER XV. 



FIRST TERRITORIAL LEGISLATURE. 



Gov. Reeder having issued a proclamation for convening 
the Legislature at Pawnee, started for the East. While there 
he visited "Washington and had protracted interviews with 
the President, in which he set before the Executive the true 
state of affairs as they had transpired in the Territory and 
the course which he had pursued. The President seemingly 
sanctioning Mr. Reeder's official conduct, told him, however, 
that heavy pressures were being made for his removal, and 
that there w^as great personal danger attending his return to 
the Territory from the ill feeling of pro-slavery men on the 
Border. The President, thereupon, advised him to resign; 
as an inducement to such a step, ofleredhim another appoint- 
ment. Mr. Reeder refused to resign his position on the 
grounds that it would be dishonorable for him, for the sake 
of personal safety, to abandon the people of the Territorj^ in 
their present perilous and unhappy condition. The Presi- 
dent then proposed that Mr. Reeder should make out a de- 
tailed account of the transactions in the Territory and set 
forth his official conduct and views in regard to Kansas mat- 
ters, and he would assume the responsibility to remove Mr. 
Reeder on the plea that it was necessary in order to allay pub- 
lic excitement in Kansas and on the Border; at the same time 



160 HISTORY OF KANSAS TERRITORY. 

he would fully exonerate the Governor from the charge of 
being instrumental in producing that excitement, and express 
his approbation of Mr. Reeder's conduct and views. To this 
proposition Mr. Reeder assented — providing that they could 
agree upon the terms of the correspondence. He accordingly 
prepared a statement of events and his official action in regard 
to them, with the reasons which controlled him and his gen- 
eral views upon Kansas troubles, and submitted the paper to 
the President. After various modifications they could not 
succeed in reaching an agreement in regard to its character. 
Failing in this arrangement, there was nothing left but for 
each to accept the revSponsibilities of his own acts. The 
President then remarked " Well, I shall not remove you 
on account of your ofScial action ; if I remove you at all, 
it will be on account of your speculations in the lands of the 
Territory;" but said '^ he thought that all these matters might 
be arranged in such a manner as to promote his private inte- 
rests if he would voluntarily vacate his office." Mr. Reeder 
feeling himself insulted at the proposition, indignantly turned 
from the President and left him in silent contempt. lie im- 
mediately repaired to the Territory where he arrived on the 
24th of June. Shortly after his return he was violently 
assaulted at Leavenworth by Gen B. F. Stringfeliow, and while 
his attention was turned in another direction, was knocked 
down by this pugilist. 

The Legishiture elected by the people of Missouri, many of 
whom were then residents of that State, convened at Pawnee 
on tlie 2^d day of July. Caucuses of the pro-slavery members 
had been held the day previous (Sunday), and their mode 
of proceedure determined. Secretary Woodson called the 
bodies to order and presided over them until temporarily or- 
ganized. Judge Johnson administered the oath of office 
to the members. Thomas Johnston was elected President of 
the Council and Dr. J. H. Stringfeliow Speaker of the House. 

Both branches of the Legislature proceeded immediately to 
purge themselves of free state members. The free soilers of- 



1855.] TERRITORIAL LEGISLATURE. 161 

fcred their protest against such actions on the part of the 
House, but in vain. From the committee on credentials, 
]\Ir. Mathiaa reported " that the Governor of the Territory of 
Kansas had not the exclusive power to prescribe the manner 
and form by which the first election for the first Territorial 
Legislative Assembly of the said Territory of Kansas should 
be conducted and passed uj^on ; but that a fair construction 
of the 22d section of the said Organic Act leads them — nay 
drives a majority of your said committee, to the conclusion 
that no particular form of the oath which the judges of said 
election took was necessary, and that no particular form of the 
return of the said election by the said judges was necessary in 
order to legalize the said election; but that such oaths and such 
returns as are usual forjudges of election in the several States 
to take, perform and return, is all that the Organic Act re- 
quires. And a majority of your committee believe and are 
of the opinion that from the original papers filed in the office 
of the Secretarj' cf the Territory, and of other papers and 
evidence which were before them, that the oaths and returns 
and all other acts, taken, done and performed by the judges 
appointed by his excellency, A. H. Reeder, Governor of the 
Territory of Kansas, to hold and conduct the election for 
members of the first Territorial Assembl}^, were in the usual 
form, at all events as eiFectual and as legal and binding as if 
the said oaths and returns had been in the form prescribed by 
the Governor in his proclamation, verbatim et literatim." 

Mr. Houston of the same committee oflered a minority re- 
port den3^ing the right of the House of Representatives to go 
behind the certificates of election from the Governor, held by 
the members, and determine^the legality of the grounds upon 
which they had been issued ; that the mere fact of a mem- 
ber holding such a certificate was a sufficient guarantee that 
he was entitled to his seat in that body. He said : 

" To assume the contrary proposition is to assert that this 
legislative body exists before it can have a legal existence. 
Whatever latitude maybe taken in State legislation with ref- 



162 HISTORY OF KANSAS TERRITORY. 

erence to contested elections, they can form no precedent for 
us, for the plain reason that Avhile government is formed and 
complete, ours is in a forming state, and therefore incomplete. 
" In regard to the right of the Governor to order a new 
election, the organizing object to be accomplished, the inten- 
tion of Congress which pervades the bill, together with the 
express language of the bill, declaring that when a vacancy 
shall otherwise occur he shall call a new election — make it 
perfectly clear that he possessed the right to order a new elec- 
tion, and compelled him to do so. Hence the members hold- 
ing certificates by virtue of that election, have a clear right to 
their seats in this House." 

John Hutchinson, Esq., made a logical and eloquent speech 
of two hours' length against the majority report of the com- 
mittee. Thereupon the Speaker, Dr. Stringfellow, remarked 
that " though the House had no objections to indulging the 
members in free speech, it might, perhaps, shorten their re- 
marks in some degree if they knew that their speeches 
would not change a single vote." 

The members to be ousted by the report of the majority 
offered the following protest : 

"We, the undersigned members of the House of Repre- 
sentatives of Kansas Territory, believing the Organic Act or- 
ganizing said Territory gives this House no power to oust 
any member from this House who has received a certificate of 
election from the Governor ; that this House can not go be- 
hind an election called by the Governor, and consider any 
claims based on a prior election. We would, therefore, pro- 
test against such a proceeding, and ask this protest to be 
spread upon the journal of this House. 

" John Hutchingson, 
"William Jessee, 
" Augustus Wattles, 
"E.D.Todd." 

On motion the majority report of the committee was 
adopted with only one dissenting voice, and the members 
elected at the March election took their seats, and those elect- 



1855.] TEKRITORIAL LEGISLATURE. 163 

ed in May were expelled, except those from Leavenworth, 
who retained their seats ; as at this precinct pro-slavery men 
took part in the new election and re-elected the same candi- 
dates Avho were successful at the general election. 

In the Council, on motion of Judge Wakefield, the Com- 
mittee on Credentials was instructed to call upon the Gov- 
ernor for the testimony on which he had set aside the election 
of the 30th of March, 1855, in the 2d and 3d Council Dis- 
tricts. 

The chairman, Mr. Coffey, accordingly called upon the 
Governor and received affidavits setting forth the manner in 
which the Missourians had unlawfully invaded the polls and 
elected the members of the Legislature instead of the actual 
settlers. Judge Wakefield then took the poll books and 
called the attention of Mr. Coffey to the names of some well 
known citizens in Westport, and asked him if he knew those 
gentlemen. On his replying that he did, the Judge asked 
him what he thought ot their coming over to Kansas to elect 
members of the Legislature. " Perfectly right, perfectly 
right," he responded, " Missouri has as good a right to vote 
as Massachusetts." 

On the 4th of July the Committee on Credentials reported 
in flivor of excluding Messrs. Wakefield and Wood, and ad- 
mitting in their stead those elected at the first election. M. 
F. Conway had j)reviously sent in his resignation. The ex- 
pelled members then presented the following protest : 

" We, the undersigned, members of the first Legislature of 
the Territory of Kansas, from the 2d and 3d Council Dis- 
tricts, elected on the 22d of May, 1855, agreeable to the Gov- 
ernor's proclamation to fill vacancies in said districts, wherein 
the people on the 30th of March, 1855, were deprived of' 
the right of choosing members from those districts, by force 
of arms. 

" We respectfully ask leave to enter our solemn protest 
against being denied our seats in this Assembly, for the fol- 
lowing reasons : 

" 1st. We are the choice of the people of said districts. 



164 HISTORY OF KANSAS TERRITORY. 

" 2d. The Governor has declared us duly elected. 

" 3d. He is the only officer that the Organic Act of Con- 
gress gives the power to investigate elections and declare who 
are legall}^ elected members, until election laws are passed by 
the Legislature, taking this power from the Governor. 

"We maintain that his certificates entitle us to seats in this 
Legislature." 

There was not a single free state man left now in the Le- 
gislature, except Mr. S. D. Houston. He, in consequence of 
the flagrant acts of both bodies, subsequently resigned. 

On the second day after the meeting of the Legislature a 
bill was passed locating the seat of government temporarily 
at Shawnee Manual Labor School. Within three days the 
Governor returus it with his veto and objections. They then 
passed it over his veto and adjourned to the above named 
place. The Governor based his argument against this ac- 
tion of the Legislature on the grounds that the Organic Act 
vested in him the right to fix the temporary seat of govern- 
ment, and that the Legislature only had power to locate it 
permanently. 

The design of Mr. Reeder in calling the Legislature to- 
gether away out at Pawnee was to remove it from the influ- 
ence of the Border. The people there had solicited it, had 
went to considerable pains to prepare accommodations for 
the members, and had expected it. The ground upon which 
the Legislature predicated its action in changing the place of 
its sitting was, that the hotel and hall accommodations were 
insufficient. But these were said by free state men to be am- 
ple ; that every convenience and arrangement were made for 
-their comfort. 

According to adjournment the Legislature convened at 
Shawnee Mission on the 16th of July. Here they entered 
upon the laborious task of enacting laws for Kansas. But 
they greatly facilitated this work by adopting transcripts of 
the Missouri code. All general laws passed were of this 



1855.] TERRITORIAL LEGISLATURE. 165 

character. They were enacted by a short explanatory clause 
of the terms contained in them. Thus " State " was made 
to mean "Territory;" "County Court," "Board of Com- 
missioners," and " Circuit Court," " District Court." If they 
had attempted to pass new laws it would have consumed all 
their time in reading tlTem; for the book containing their acts 
is a large octavo of more than one thousand pages. With the 
exception of some oppressive laws of their own manufact ure 
they enacted the best code of laws the Territory or State ever 
enjoyed. 

One of the most remarkable features about these le2:islative 
enactments was that all officers in the Territory', legislative, 
executive and judicial, were to be appointed by the Legisla- 
ture, or by some officer that had been appointed by it. These 
appointments were to continue until after the general election 
in October, 1857. There was to be no regular session of the 
Legislature in 1856, but the members of the House were to 
be elected in the fall of that year, and there was to be a 
general election the following year. The new Legislature was 
not to meet until the first Monday in January, 1858. Thus, 
indeed, the enslavement of the people of Kansas was com- 
plete. They could have no control over the legislative, ex- 
ecutive or judicial affairs of the Territory until by the natural 
progress of population the government thus inaugurated by 
their oppressors should be superseded by that of a State gov- 
ernment. Every attorney admitted to practice in the courts, 
every ofB.cer elected or appointed in the Territory, every can- 
didate to be eligible for the election in 1856 to the House of 
Representatives, must swear to support the Fugitive Slave 
Law. There were two classes of persons excluded from the 
elective franchise, who were entitled to it under the Organic 
Act ; those who could not swear to support the Fugitive 
Slave law and foreigners who had only declared their inten- 
tions to become citizens. All others, though they had not 
been in the Territory one hour and intended to return the 
next, provided they had paid one dollar tax to the sheriff 
19 



166 HISTORY OP KANSAS TERRITORY. 

who was required to be at the polls to receive it, were entitled 
to vote. All jurors should be selected by the sheriff, and no 
person conscienciously opposed to slavery could sit as jurors 
in a trial pertaining to slaves. 

They enacted laws punishing offenses against slave property 
and persons decoying slaves from their masters which would 
have disgraced the darkest age and outstripped the cruelest 
despotism. A copy of these is subjoined to the next chapter. 

§oon after the removal of the Legislature from Paw^nee^ 
several bills were sent to the Governor for his approval. — 
But he returned them stating that he could not yield his 
assent to any of their enactments as he no longer regarded 
them as a legal body. 

Being solicitous about the legality of their proceedings they 
referred them to the Supreme Court, then sitting at that 
place. The validity of several laws passed by the Legisla- 
islature were submitted to its decision, and a majority of the 
judges agreed to entertain the question. It is entirely irreg- 
ular and extra-judicial for courts to pass judgement upon a 
law before any case comes before them under that law. But 
the Supreme Court of Kansas Territory Avas so eager to de- 
clare an opinion upon the laws of the Bogus Legislature, that 
they entertain them abstractly considered, and find them 
founded in the principles of Justice. In a lengthy document, 
they sustain the Legislature in their course of action and 
highly compliment their talents and character. It is proper 
to remark tjiat one of the members of the judicial bench, S. 
W. Johnson refused to have anything to do Avith the matter 
thus brought before them. 

The members of the Legislature emboldened by this de- 
cision, proceeded to memorialize the President for the re- 
moval of JSlr. Reeder. They charged him wnth fraudulent 
land speculations, a want of interest in the affairs of the Ter- 
ritory, of being allied with the Abolitionists, and treating the 
the Legislature of the Territory with contempt. They dis- 



1855.] TERRITORIAL LEGISLATURE, 167 

patched a messenger to carry this memorial to AVashingtoii. 
But before ho reached his destination, the Administration 
had already detei'mined upon the removal of Mr. Keeder, 
who was officially notilied to that eliect. 



168 HISTORY OF KANSAS TERRITORY. 



CHAPTER XVI. 

CAUSES OF REEDER's REMOVAL CONSIDERED. 

The causes alleged for the removal of Governor Reeder 
were " speculating in town lots, convening the Legislature 
on a United States military reserve, and of speculating in 
Kaw lands." But the real cause was that he had not been 
obsequious to slave propagandists. 

The eastern boundary of Fort Riley, as made by the sur- 
vey in the summer of 1854, was on One Mile Creek, one 
mile east of the fort. Below this, for several miles, 
stretched a beautiful valley, upon which the officers of the 
fort, in imitation of their superiors at Fort Leavenworth, to- 
gether with several free state men, proposed to build a town. 
They laid it out and called it Pawnee, after the Indian tribe 
that once owned the lands. It was considered by those at that 
time, that such a movement, if successful, would be a great 
advantage to the fort and surrounding country, by calling- 
settlers there. Colonel Montgomery, the commander of the 
post, was the leader in the enterprise. The town was laid 
out with the knowledge and consent of the authorities at 
Washington, in the fall of 1851. 

Such was the condition of affairs there when GoA'eruor 
Reeder took a share in the town by paying the usual prices. 
He having determined to have the Legislature meet there, 
the inhabitants had erected several hotels for the accommo- 
dation of the members. 



1855.] CAUSES OF keeder's eemoval. 169 

Jeff. Davis, on receiving complaints from Missouri, cause d 
another military commission to make a snrvey, which again 
reported One Mile Creek as the Eastern boundary of the 
reserve. A map of this survey was prepared and sent to 
the Department, with red lines showing where the bounda- 
ries would be to exclude Pawnee, and blue lines showing 
where they would be to include Pawnee. The Secretary of 
Yv"ar, seeing the town still excluded, took a pen, drew a red 
line around it, and wrote on it, " Accepted within the red 
lines," took it to the President and secured his signature to 
it. He then issued orders for the removal of the inhabi- 
tants from that part of the reserve. This order remained a 
dead letter until the fall of 1855, when Major Cook arrived 
at Fort Riley, with one thousand dragoons, from Texas. 
He, upon seeing the order, immediately, but politely, in- 
formed the inhabitants that they must eifect their removal 
or he would be compelled, mth reluctance, to do it for them. 
Most of the townsmen complied with this requisition, but a 
few persisted in remaining. After being repeatedly warned 
to remove, their houses were finally assailed by the soldiers, 
torn down, and the inmates left exposed to the inclement 
blasts of winter. 

Such, indeed, is the history of the ill-fated Pawnee, the 
first capital of Kansas. Such was the town referred to in 
the charge against Mr. Reeder " in speculating in town 
lots," and such the military reserve where he called the Leg- 
islature to meet. At Leavenworth the town was laid oif 
and settled contrary to the most sacred treaties, but all such 
irregular proceedings were " winked at," because the lead- 
ing property holders were pro-slavery men. 

The half-breed Kaw lands extended along the north side 
of the river from Lecompton n, short distance above Topeka, 
twenty -three miles in length and one in width. The owners 
of these lands could not sell them without the sanction of 
the general Government. A company, of which Governor 
Keeder was one, made arrangements to buy a portion of 



170 HISTORY OF KANSAS TERRITORY. 

tliis laud at ^4.00 per acre whenever the President's consent 
should be obtained. As this was never secured the whole 
thing failed. This was the half-breed Kaw land sj^eculation 
for which Mr. Reeder was removed. The Delaware land, 
immediately adjoining these, was sold soon after for only 
$1.50 per acre. So it seems the " speculation " would not 
have proven very lucrative if the purchase liad been made. 

The conduct of Mr. Reeder in Kansas is beautiful and 
praiseworthy. He shaped his actions by principle and not 
by the influence of party. Indeed, he knew no party in the 
performance of his duty, and has been truly styled " the 
great non-committal." He acted and stood by himself be- 
cause all others acted from political motives and looked to 
party triumph. With his eyes intently fixed upon the 
great and equitable principle of Popular Sovereignty, with 
ears deaf to contumely and applause, he labored only to 
see his principles impartially carried out. The consequen ce 
was he had few warm and substantial friends among eith er 
party. The free state men only admired him for many 
things, while the pro-slavery men despised him, not be- 
cause he did not act in accordance with the principles of 
Squatter Sovereignty, but because he would not act as 
they wished him. His position w^as a trying one upon 
principle. A devoted Democrat himself, holding his office 
at the pleasure of a Democratic administration, surrounded 
by political friends who received him with outstretched 
arms, he had every inliuence to bend him from the convic- 
tions of duty ; whereas there was little to gain in favoring 
free state men who in those days were held in the most ab- 
ject contempt. But one act stains his administration, and 
that is his issuing certificates of election to the ]\Iissouri 
members of the Legislature. 

One might suppose from the frequent accusations of spec- 
ulation in lands that he was mercenary. While it can not 
be denied that, like Pennsylvanians in general, he liked a 
"good turn,-' yet his pecuniary transactions in the terri- 



1855.] CAUSES OF eeeder's removal. 171 

toiy were the most equitable and honest. lie never owned 
but httle real estate in Kansas. 

Let the people of this Territory cherish the memory 
of its first Governor, who in the days of its weakness and 
trials was " faithful among the faithless found." Let as- 
piring young men imitate his adherence to principle, and 
posterity will award them their just meed of praise. 

Although the members of the Legislature were willing to 
petition Mr. Reeders removal for alleged land speculations, 
they did not deem it unbecoming in themselves to indulge 
in worse transactions. According to their enactment that 
empowered the Legislature toTappoint officers in the Terri- 
tory, they proceeded to create offices and elected their own 
members to fill them, unmindful of their constituency in 
Missouri. Li this way W. P. Richardson was made Major- 
General, and W. G. Stickler, Wm. Barber and Captain Sut- 
ler, Brigadier-Generals of the Territorial Militia. In the 
same manner pro-slavery Sherifis, Constables, Judges, and 
Justices of the'Peace were constituted. They created joint 
stock companies with extraordinary privileges, chartered 
prospective railroads, all the advantages of which charters 
and corporate franchises were chiefly conferred upon them- 
selves. They located the capital at Lecompton, where a 
large sum of public money was to be expended. But the 
advantages shared by the members of the Legislature in 
this speculation were never fully known. 

Such conduct as this by the members of this quasi-Legis- 
lature was very reprehensible in the eyes of their Missouri 
constituents. Many of the latter, who had spent time and 
money to carry the election, justly regarded themselves en- 
titled to a part of the profits, and expressed great dissatis- 
faction at this speculative and official monopoly of the Leg- 
islature. 

On the removal of Mr. Reeder, the Governorship was 
tendered to Hon. John L. Dawson, of Pennsylvania, who 
declined it. Hon. Wilson Shannon, of Ohio, was then ap- 



172 HISTORY OF KANSAS TERRITORY. 

pointed Governor and accepted the position. He was born 
February 24th, 1802, in Behnont County, Ohio, and re^ 
mained at home while a boy, assisting his mother in ob- 
taining a livehhood. At the age of sixteen he entered 
Athens College, where he remained a year ; thence he was 
removed to Transylvania University, at Lexington, Ken- 
tucky, where he remained two years. He then settled in 
St. Clairsville and began the study of law. 

In 1832 Mr. Shannon Vv^as nominated by the Democratic 
party for Congress, and although he ran ahead of his ticket 
at home and in a strong Federal county, he was defeated by 
a few votes in the district. In 1833 he was nominated for 
Prosecuting Attorney, and was elected by 1,100 majority, 
and in 1835 re-elected without opposition. In 1838 he was 
nominated by the Democratic party for Governor of Ohio, 
and elected by about 6.000 votes over Mr. Vance, a strong- 
man of the Federal party. The same party again nomi- 
nated him in 1840 for Governor, but he was defeated at the 
election by Mr. Corwin by about 16,000 votes ; but in 1842, 
receiving the nomination the third time, he was elected over 
the same competitor by nearly 3,500 majority. In 1844 he 
favored the nomination of General Cass for the Presidency 
and received his appointment as Minister to Mexico. Re- 
signing his position as Governor of Ohio, he entered npqn 
his arduous mission and performed his work with credit 
and honor. By the middle of the year the relations be- 
tween Mexico and the United States became very critical, 
all intercourse having been suspended and Mr. Shannon 
unable to efl'ect anything more with the Government, asked 
and obtained permission to return home, which he did, and 
engaged in his profession. In 1852 he was elected to rep- 
resent his district in Congress, and was consequently there 
during the Kansas-l^ebraska contest in which he voted for 
the repeal of the Missouri Compromise. 

After Mr. Shannon resigned as Governor of Kansas, he 
settled at Lawrence, to which place he moved his family, 



1855.] CAUSES OF REEDER's REMOVAL. 173 

and where he still resides, engaged in the practice of law, 
respected and esteemed by all the citizens. 

The followins^ are the enactments of the Shawnee Lep-is- 
lature to punish offenses against slave property : 

'■'■Be it enacted by the Gooernor and Legislative Assembly of 

the Territory of Kansas, as follows : 

" Sec. 1. That every person, bond or free, who shall be 
convicted of actually raising a rebellion or insurrection of 
slaves, free negroes or mulattoes, in this Territory shall suf- 
fer death. 

" Sec. 2. Every free person who shall aid or assist in any 
rebellion or insurrection of slaves, free negroes or mulattoes, 
or shall furnish arms or do any overt act in furtherance of 
such rebellion or insurrection, shall suffer death. 

"Sec. 3. If any free person shall, by speaking, writing or 
printing, advise, persuade or induce, any slaves to rebel, con- 
spire against or murder any citizen of this Territory, or 
shall bring into, print, write, publish or circulate, or shall 
cause to be brought into, printed, written, published or cir- 
culated, or shall knowingly aid or assist in the bringing into, 
printing, writing, publishing or circulating in this Territory, 
any paper, book, magazine, pamphlet or circular, for the 
l)urpose of exciting insurrection, rebellion, revolt or conspir- 
acy on the part of the slaves, free negroes or mulattoes, 
against the citizens of the Territory, or any part of them, 
such person shall be guilty of felony and suffer death. 

"Sec. 4. If any person shall entice, decoy or carry away 
out of this Territory any slave belonging to another, with 
intent to deprive the owner thereof of the services of such 
slave, or with intent to eftect or procure the freedom of such 
slave, he shall be adjudged guilty of grand larceny, and, on 
conviction thereof, shall suffer death, or be imprisoned at 
hard labor for not less than ten years. 

" Sec. 5. K any person shall aid or assist in enticing, decoy- 
ing or persuading, or carrying away, or sending out of this 
Territor}', any slave belonging to another, with intent to 
procure or effect the freedom of such slave, or with intent 
to depriA'e the owner thereof, shall suffer death, or be im- 
prisoned at hard labor for not less than ten years. 
% I" Sec. 6. If any person shall entice, decoy or carry away 
out of any State or Territory of the United States, any slave 
20 



174 HllSTURY OF KANSAS TERRITOKY. 

beloui^iiig to another, with intent to procure or eit'ect the 
freedom of such shive, or to deprive the owner thereof of the 
t^erviees of such slave, and shall bring such slave into this 
Territory, he shall be adjudged guilty of grand larceny, in 
the same manner as if such slave had been enticed, decoyed 
or carried away out of this Territory, and in such case the 
larceny may be charged to have been committed in any 
county of this Territory, into or through which such slave 
fihall have been brought by such person, and, on conviction 
thereof, tlie person offending shall suffer death, or be im- 
prisoned at liard labor for not less than ten years. 

" Sec. 7. If any person shall entice, persuade or induce 
any slave to escape from the service of his master, or owner, 
in this Territory, or shall aid or assist any slave in escaping 
from the service of his master, or owner, or shall aid, assist, 
harbor or conceal, any slave who may have escaped from the 
service of his master, or owner, he shall be deemed guilty of 
felony, and punished by imprisonment at hard labor for a 
term of not less than five years. 

"Sec. 8. If any person in this Territory shall aid or assist, 
harbor or conceal, an}^ slave who has escaped from the ser- 
vice of his master, or owner, in another State or Territory, 
such person shall be punished in like manner as if such slave 
had escaped from the service of his master or owner in this 
Territory. 

"Sec. 9. If any person shall resist any otiicer while at- 
tempting to arrest any slave who may have escaped froni 
the service of his master, or owner, or shall rescue such slave 
when in custody of any oflicer, or other person, or shall en- 
tice, persuade, aid or assist, such slave to escape from the 
custody of any officer, or other person who may have such 
slave in custody, whether such slave shall have escaped from 
the service of his master, or owner, in this Territory, or in au}- 
other State or Territory, the person so offending shall be 
guilty of felony, and punished by imprisonment at hard la- 
bor for a term of not less than two years. 

"Sec. 10. li' any nnirshal, sheriff, or constable, or the 
deputy of any such officer, shall, when required by any per- 
son, refuse to aid or assist in the arrest and capture of any 
slave that may have escaped from his master or owner, 
whether such slave shall have escaped from his master in 
this Territory, or any State or other Territory, such officer 



1855.] (uusES OF reeder's removal. 175 

shall be iinod in ii sum not le^.^ than one hnndrcMl nor more 
than live hundred dollars. 

"•Sec. 11. It" any person })rint, write, introduce into, or circu- 
late, or cause to be l)rought into, written, printed or circulated, 
or shall knowingly aid or assist in bringing- into, printing, 
))ublishing or circulating within this Territory, any book, 
paper, pamphlet, maga/ino, handbill or circular, containing 
any statements, arguments, opinions, «entimeut, doctrine, 
advice, or inuendo, calculated to produce disorderly, dan- 
gerous or rebellious disaifection among the slaves of the 
Territory, or to induce such slaves to escape from the ser- 
vice of their masters, or to resist their authority, he shall 
be guilty of felony, and be punished by imprisonment at 
hard labor for a term of not less than five years. 

" Sec. 12. If any free person, by speaking or writing, as- 
sert or maintain that persons have not the right to hold 
slaves in this Territory, print, publish, write, circulate, or 
cause to be introduced into the Territory, written, printed, 
published, and circulated in this Territory, aux book, paper, 
magazine, pamphlet, oi' circular, containing any denial of 
the right of persons to hold slaves in this Territory, such 
person shall be deemed guilty ot felony, and punished by 
imprisonment at hard labor for a term of not less than five 
years. 

" Sec. 18. No person who is conscientiously opposed to 
holding slaves, or v.dio does not admit the right to hold 
slaves in this Territory, shall sit as a juror on the trial of 
any prosecution for any violation of any of the sections of 
this act. 

"This act to take effect and be in force from and after the 
15th day of September, A. D. 1855. 

"J. H. Stringfellow, Speaker of the House. 

'• Attest, J. M. Lyle, Clerk. 

''TiioM.'is Johnson, President of the ('ouncil. 

"Attest, J. A. TIalderman, Clerk."" i 

"AN ACT TO PUNISH PERSONS DECOYING SLAVES FROM THEIR MAS- 
TERS. 

" Be it enacted bjj the Gorenwr and Legislative Assembly of 

Kansas Territory : 

" Sec. 1. If any person shall entice, decoy, or carry away 
out of this Territorv, anv slave belonsrino- to another, with 



176 HISTORY OF KANSAS TERRITORY. 

intent to deprive the owner thereof of the services of such 
slave, or with intent to eft'ect or procure the freedom of such 
slave, he shall be adjudged guilty of grand larceny, and on 
conviction thereof shall suiier death. 

"Sec. 2. If any person shall aid or assist in enticing, de- 
coying, or persuaduig, or carry out of any State or Terri- 
tory, any slave belonging to another, with intent to effect or 
procure the freedom of such slave, he shall be adjudged 
guilty of grand larceny, and on conviction thereof suffer 
death. 

" Sec. 3. If any person shall entice, decoy, or carry away, 
out of any State or Territory of the United States, any 
slave belonging to another, with intent to procure or effect 
the freedom of such slave, or to deprive the owner thereof 
of the services of such slave, and shall bring such slave 
into this Territory, he shall be adjudged guilty of grand 
larceny, in the same manner as if such slave had been en- 
ticed, decoyed, or carried away out of this Territory; and 
in such case the larceny may be charged to have been com- 
mitted in any county of this Territory, into or through 
which such slave shall have been brought by such person, 
and on conviction thereof the person offending shall suffer 
death." 



1855.] FREE STATE MOVEMENTS. 177 



CHAPTER XVII. 



FREE STATE MOVEMENTS. 



Never in the history of the world, even in those days when 
might made right, were there such bare-faced and audacious 
acts of civil oppression inflicted upon a community as those 
we have just recited. By the enactments of a Legislature 
elected b}' invaders, the condition of the people of this Ter- 
ritory Avas far worse than that of our revolutionary fathers. 
This Legislature had every thing in its power, and had pro- 
vided for its own perpetuity in the cpialifications of its elec- 
tors. It appointed the State and county officers, levied taxes 
and gagged the mouths of freemen and a free press, that a 
Avord might not be said against " the sum of all villainies." 

They had earnestly besought the General Government for 
protection. They had humbly entreated the President of 
the United States to issue a proclamation denouncing the 
conduct of the invaders, and calling upon all good citizens 
of Missouri and other States to discountenance and disown 
their acts ; to urge upon the United States officers in the 
Territory — sixteen in number — to disfavor and oppose such 
proceedings. The effisct ot such a proclamation from the 
Chief Executive would have been wonderful. But how did 
he answer their entreaties ? He proceeded to remove the 
only friend they had among the I'ederal appointees, and for 
the simple reason that he was their friend, inasmuch as he 
sought to protect their rights as freemen. 



178 HISTORY OF KANSAS TERRITORY. 

While these unparalleled outrages were being committed 
upon the people of Kansas, they proved themselves equal to 
the trials and responsibilities of the hour. "While the c4ouds 
of oppression hovered over them the fires of liberty were 
kindled. The spirit of '76 descended and imbued them with 
prudence and courage. While J ustice had gone to sleep in 
the gathering darkness, Resistance to Tyranny was abroad 
in the land. 

Despairing of any interposition of the general Govern- 
ment to drive back their oppressors, and protect them in the 
enjoyment of their rights, they began to cast about to see 
what course was best to pursue. As early as the 8th of June 
a meeting of the citizens was held at Lawrence, agreeable to 
the call of "• sundry citizens" " to take into consideration 
matters of general interest pertaining to the Territory." 
This convention issued a call, in^ating the representative dis- 
tricts in the Territory to send five delegates each to a con- 
vention, to be held in the same place, on the 25th of June, 
" to take into consideration the relation of the people of this 
Territory to the Legislature about to convene at Pawnee." 
This convention assembled at the time and place designated, 
and organized by electing Judge J. A. Wakefield chairman. 
They resolved to discard all minor differences, and make 
freedom in Kansas the only issue ; that they have a right to 
regulate their own domestic affairs, and, by the help of God, 
will do it ; that they are not bound to observe any law passed 
by the Legislature about to assemble ; that to the threats of 
war made by the neighboring State of Missouri, they respond, 
"We are ready." ; "that a free state Central Committee be 
appointed, and tliat each election district be entitled to one 
member, and each election district having two councilmen 
shall be entitled to two members." 

On the 27th of June, the "^National Democracy" assem- 
bled at Lawrence, of which Colonel James H. Lane was 
made chaiaman. This convention seems to have been com- 
posed of life-long Democrats, Avho had not yet fully broken 



1855.] FREE STATE MOVEMENTS. 179 

loose troiii the entanglements of party. They resolved that 
" the best interests of Kansas require an early organization 
of the Democratic party upon truly national ground;" 
that they fully endorse the Democratic platform of 1852 ; 
that they kindly request citizens of adjoining States to let 
them alone ; that they can not permit the " purity of the bal- 
lot box to be polluted by outsiders, or illegal voting from any 
quarter." The Committee on Resolutions was E. Chapman, 
C. W. Babcock, Dr. James Garvin, J. IS. Emery and Hugh 
Cameron. 

A meeting of the expelled free state members of the Leg- 
islature, and other citizens, was held at Lawrence on the 11th 
of July, of which Judge John A. Wakefield was chairman. 
Addresses were made by Messrs. G. W. Smith, John Hutch- 
ingston, John O. P. Wood, Rev. M. Nute, Dr. C. Robinson C. 
Stearns and Wm. Jessie. Most of the speakers favored rec- 
ommending to the people to call a constitutional conven- 
tion, frame a constitution and apply at the next Congress 
for admission into the Union. Dr. W^ood opposed this, but 
urged an organization to be made to defend the ballot box. 
This convention called a mass meeting of the free state citi- 
zens of the Territory of Kansas, at Lawrence, on the second 
Tuesday in August, " to take into consideration the situa- 
tion of the Territory in reference to its government." 

The first general mass convention assembled at Lawrence 
on the 14th of August, and continued in session two days. 
Hon. Philip C. Schuyler was made president, with several 
vice-presidents. Dr. Robinson, chairman of the committee 
on resolutions, reported a series of resolves, which called 
forth a lengthy and animated discussion. By these resolu- 
tions the convention denounced the Legislature then in ses- 
sion at Shawnee Mission, as having its origin in fraud and 
"■derogatory to the integrity and respectability of the Fed- 
eral authority;" that they repudiate its authority and pledge 
themselves to resist its enactments ; that they favor a con- 
vention to form a State Constitution preparatory to admis- 
sion into the Union. 



180 HISTORY OP KANSAS TERRITORY. 

There were some in the convention with whom it was 
hard to let go from the coat tail of the Federal administra- 
tion. They opposed anything that reflected unfavorably 
upon it. Though they denounced the Missouri outrages at 
the March election, they were adverse to coming in conflict 
with the Government thus inaugurated. Foremost among 
these was Colonel James H. Lane, who declared " Frank 
Pierce would give his right arm to-day to insure freedom 
in this Territory." " That he would prefer to see Kansas 
a free State in preference to seeing it a slave vState." 

Others favored more radical measures than these, such as 
recommending military organizations for self-protection 
and open resistance to the laws of the Shawnee Legislature. 

This convention was the first meeting of the conflicting 
elements of old parties, such as Whig, Democratic and Ab- 
olition, seeking to harmonise upon some plan of action to 
rid themselves of the oppression thrust upon them by Mis- 
souri, and for making Kansas a free State. It is not to be 
wondered at, then, that there was a difi^erence of views and 
policies in such a heterogeneous body. It seemed during 
the first day that the convention would result only in driv- 
ing free state men farther from each other and the interest 
of freedom lost in the weakness and folly of dissension. 

The intervening night between the two days that the con- 
vention was in session, acted as a wonderful sedative ui3on 
its members. The little group of freemen — all patriots, all 
opposed to oppression and in favor of making Kansas a free 
State, but honestly differing in regard to the best means to 
employ in eflecting their object — were brought together by 
a free, frank and conversational interchange of opinions. 
Heart spoke to heart, and eye to eye, until one common 
feeling pervaded every breast. The radicals receded some 
and the conservatives advanced, until all met in harmonious 
unanimity. 

The following day the convention proceeded with its de- 
liberations in the most pacific manner. The resolutions. 



1855.] FREE STATE MOVEMENTS. 181 

after undergoing some amendments, the most ultra expres- 
sions having been stricken out, were unanimously adopted. 
It was resolved, also, to solicit the Territorial Central Com- 
mittee, which had previously taken action upon the sub- 
ject, to call a " Free State Convention of five delegates to 
each Representative from'the several Representative Dis- 
tricts, to be elected on the 25th day of August, to meet in 
convention at Big Springs on the 5th day of September 
next, for the purpose of taking such action as the exigency 
of the times may demand." 

In the meantime agreeable to a call published about a 
week* previous, signed "Many Citizens," " to take into con- 
sideration the propriety of calling a Territorial Convention 
preliminary to the formation of a State Government and 
other subjects of interest," a convention of the citizens of 
Kansas Territory, iiTespective of party, met on the afternoon 
of the 15th of August. Dr. A. Hunting was elected pres- 
ident. Mr. G. W. Smith, chairman of the committee on 
business, reported a resolution calling a convention of three 
delegates for each Representative from the several Repre- 
sentative Districts in Kansas, to meet at Topeka on the 19th 
of September, " then and there to consider and determine 
upon all subjects of public interest, and iiarticidarly upon 
that having reference to the speed}^ formation of a State 
Constitution with an intention of an immediate application 
to be admitted as a State into the Union of the United 
States of America." This was really the starting point in 
fixing the capital at Topeka. It was brought about through 
the influence of Mr. C. K. Holliday in the committee of busi- 
ness, Mr. G, W. Smith voting with him and Dr. C. Robin- 
son in favor of Lawrence. 

A Ratification Convention was held that evening, at 
which the president, Mr. C. K. Holliday, declared, " There 



*Somo say that this call was made on the day prevrious, and the circumstances would 
seem to indicate that such was the case, 

21 



182 HISTORY OP KANSAS TERRITORY. 

is not a. dissatisfied mind in all this usaemblv with the result 
uf the recent deliberations." 

The Territorial Delegate Convention -wliich organized the 
Free State Party, assembled at Big Springs at the desig- 
nated time. Judge G. W. Smith waschoseu permanent cl/air- 
man. It very full}' represented the Territory, consisting of 
npwards of one hundred members. Five committees of 
thirteen members each were appointed whose duties were as 
follows: " 1st. To report aplatfovni for the consideration of 
the convention ; 2d. To take into consideration the propri- 
ety of a State organization ; 3d. To consider the duty of 
the people as regards the proceedings of the late Legisla- 
ture; 4th. To devise action on the coming Congressional 
election ; 5th. On miscellaneous business." The following 
report, submitted by Colonel Lane from the committee on 
platform, was adopted : 

''Whereas, The Free State Party of the Territory of 
.Kansas, about to originate an organization for concert of 
political action, in electing our own officers and moulding 
our institutions ; And Yf hereas, It is expedient and neces- 
sary that a platform of principles be adopted and pro- 
claimed to make known the character of our organization, 
and to test the qualifications of candidates and the fidelity 
of our members ; And Whereas, We find ourselves in an 
unparalleled and critical condition — deprived by superior 
force of the rights guaranteed by the Declaration of Inde- 
pendence, the Constitution of the United States, and the 
Kansas Bill ; And Whereas, The great and overshadowing 
question, whether Kansas shall ]}ecome a free or a slave 
State, must inevitably absorb all other issues, except those 
inseparably connected with it; And Whereas, The crisis 
demands the concert and harmonious action of all those 
who from principal or interest, prefer free labor to slave 
labor, as well as of those who value the preservation ot the 
Union and the guarantees of republican institutions by the 
Constitution, therefore 

''Resolved, That setting aside all the minor issues of par- 
tisan politics, it is incumbent upon us to profier an organi- 
zation calculated to recover our dearest rights, and into 



I 



1855.] FREE STATK MOVEMENTS. 18o 

■svliicli Democrats and Whig-s, Dative and naturalized citi- 
zens, may freely enter without any sacrifice of their respec- 
tive poUtical creeds, but without forcing them as a test upon 
others. xi.nd that when we shall have achieved our politi- 
cal freedom, vindicated our riglits of self-government and 
become an independent State of the Union, when these is- 
sues may hecome vital as they are now dormant, it will be 
time enough to divide our organization by these tests, the 
importance of which we fully recognize in their appropri- 
ate sphere. 

" Resolved,, That we will oppose and resist all non-resident 
voters at our polls, whether from Missouri or elsewhere, as 
a gross violation of our rights, and a virtual disfranchise- 
ment of our citizens. 

'■' Rcsolvetl , That our true interests, socially, morally and 
])ecnniarily, require tliat Kansas should he ixj'ree State; that 
free labor will best promote the liappiness, the rapid popu- 
lation, the prosperity and the wealth of our people; that 
slave labor is a curse to the master and the community, if 
not to the slave ; that our country is unsuited to it, and that 
Ave will devote our energies as a party to exclude the insti- 
tution, and to secure for Kansas the constitution <■■? n i'vro 
State. • 

" Resolved, That the best intererts of Kausa^ rcipni e m pup- 
ulation of free white men, and that in the State organization 
we are in favor of stringent laws excluding all negroes, bond 
or free, from the Territory ; that nevertheless such measures 
shall not be regarded as a test of party orthodox_y. 

" Resolved^ That the stale and ridiculous charge of aboli- 
tionism, so industriously imputed to the Free State Party, 
and so persistently' adhered to, in spite of all the evidence to 
the contrary, is without a shadow of truth to support it, and 
that it is not more appropriate to ourselves than it is to our 
opponents, who use it as a term of reproach, to bring odium 
upon us, pretending to believe in its truth, and hoping to 
frighten from our ranks the weak and timid, who are more 
willing to desert their principles tluui they are to stand up 
under persecution aud abuse Avith a conscientiousness of 
right. 

'■ Resolved, That we will discountenance and denounce 
auy attempt to encroach upon the constitutional rights of 
the I'teople of any State, or to interfere with their slaves, 
conceding to their citizens the right to regulate theii- own 



184 HISTORY OF KANSAS TEREITOEY. 

iustitutions, aucl to hold and recover their shives, without 
any molestation or obstruction from the people of Kansas." 

This report elicited a warm discussion. Many were in 
favor of a more radical platform, and were ];mrticularly 
opposed to those clauses alluding to slavery and abolitionists. 
They were generally eastern men. On the other hand there 
were many who despised the name of '• abolitionist," and 
were opposed to negroes being in Kansas in any shape or 
form. They had not been educated to a high standard of 
human rights. They were chiefly western men and Demo- 
crats, some of whom were Missourians. There can be no 
doubt that the prevailing element in this Territory at that 
time, as it was then all over the free States, was not only 
hostile to slavery, but bitterly hostile to the negro. It was 
thought, too, that many of the Missourians, in the Territory 
who could have no interest in slavery, but who could not 
bear the idea of being '' abolitionists" would be gained by 
this conservative platform. 

It was argued by a majority of the convention that such a 
conservative and liberal platform would commend itself both 
to Congress and the inhabitants of the Territory, thus en- 
abling them to accomplish the real object of their union — 
exclusion of slavery from Kansas. It was, indeed, a policy 
whereby a verbal concession ot principle was made on the 
part of some, with a view of obtaining a position to more 
fully vindicate and carry out their principles ; but at the 
same time this platform embodied the sentiments and feel- 
ings of 'a majority of the people in the Territory at that 
time. 

The Committee on State Organization reported that in 
their opinion the movement was "untimel}' and inexpedient." 
Its members were II. B. Brock, J. M. Yates, E. G. Elliott, 
E. Mendenhall, II. M. Hook, E. Castle, J. Hamilton, H. J. 
Stout, A. Bowen, S. D. Houston, J. M. Arthur and Isaac 
Wollard. After a spirited discussion, the report was re- 



\ 



1855.] FREE STATE MOVEMENTS. 185 

jected by a substitute offered by Mr. Hutchingison, tbat the 
Convention fully endorse " the People's Convention of the 
14th ult., for a delegate convention of the people of Kansas 
Territory, to be held at Topeka on the 19th inst., to con- 
sider the propriety of forming a State constitution," &c. 

Mr. J. S. Emery, from the Committee having charge of 
the legislative matters of the Territory, made the following 
eloquent report : 

'■'■Resolved, That the body of men who, for the past two 
months, have been making laws for the people of our Ter- 
ritory, moved, counselled and dictated to by the demagogues 
of Missouri, are to us a foreign body, representing only the 
lawless invaders who elected them, and not the people of 
the Territory, that we repudiate their action as the mon- 
strous consummation of an act of violence, usurpation and 
fraud, unparalleled in the history of the Union, and worthy 
only of men unfitted for the duties and regardless of the 
responsibilities of Republicans. 

^'■Resolved, That having by reason of numerical inferiority 
and want of preparation, been compelled to succumb to the 
outrageous oppression of armed and organized bands of the 
citizens of a neighboring State — having been robbed by 
force of the ri^ht of suffrasre and self-scovernment, and sub- 
jected to a foreign despotism, the more odious and infamous 
that it involves a violation of compacts with sister States, 
more sacred and solemn than treaties — we disown and dis- 
avow with scorn and indignation the contemptible and 
hypocritical mockery of a republican government into which 
this infamous despotism has been converted. 

'■'•Resolved, That this miscalled Legislature, by their reck- 
less disregard of the Organic Territorial Act, ana other 
Congressional legislation, in expelling members whose title 
to seats was beyond their power to annul) in admitting 
members who were not elected, and in legislating at an un- 
authorized place — by their refusal to allow the people to 
to select any of their ovxm officers, many of whom 
were unquestionable residents of Missouri at that 
time — by leaving us no elections save those prescribed by 
Congress, and therefore beyond their power to abrogate, and 
even at these selling the right of suffrage at our ballot-boxes 
to any non-resident who chooses to buy and pay for it — b}^ 



18G HISTORY OF KANSAS TERRITORY 

compelling us to take an oath to support a law of the 
United States, invidiously pointed out — by stifling the free- 
dom of speech and of the press, thus usurping the power 
forbidden to Congress, libelled the Declaration of Indepen- 
dence — violated the Constitutional Bill of Rights, and 
brought contempt and disgrace upon our Republican insti- 
tutions at home and abroad. 

" Resolved, That we owe no allegiance or obedience to the 
tryannical enactments of this spurious Legislature — that 
their laws have no validity or binding force upon the people 
of Kansas, and that every free man among us is at full lib- 
erty, consistent with all his obligations as a citizen and a 
man, to resist them if he chooses so to do. 

" Besolced, That wc Avill resist them primarily by every 
peaceable and legal means in our power, until we can elect 
our own Representatives and sweep them from the Statute 
Book, and that as the majority of our Supreme Court have 
so far forgotten their ofiicial duty — have so far cast off the 
honor of a lawyer and the dignity of a Judge as to enter 
clothed with the judicial ermine into a partisan contest, and 
by extra-judicial decisions giving opinions in violation of 
all propriety, having prejudged our case before we could be 
heard, and have pledged themselves to the outlaws in ad- 
vance, to decide in their favor, we will therefore take meas- 
ures to carry the question of the validity of these laws to 
a higher tribunal where Judges are unpledged and dispas- 
sionate — where the law will be administered in its purity, 
and v/nere we can at least have the hearing before the de- 
cision. 

"-Resolved, That we will endure and submit to these laws 
no longer than the best interests of the Territory require, 
as the least of two evils, and will resist them to a bloody 
issue as soon as we ascertain that peaceable remedies shall 
fail, and foi'cible resistance shall furnish any reasonable 
prospect of success ; and that in the meantime we recom- 
mend to our friends throughout the Territory the organiza- 
tion and discipline of Volunteer Companies and the procure- 
ment and preparation of arms. 

" Resolved, That we cannot, and Avill not, quietly submit 
to surrender our great ' American Birth Right' — the elective 
franchise — which, first b}' violence, and then by chicanery, 
artifice, weak and wicked legislation, they have so efiec- 
tually attempted to deprive us of,, and that we with scorn 



1855.] FREE STATE MOVEMENTS. 187 

repudiate tlie ' election law/ so-called, and will not meet witli 
them on the day they have appointed for the election, but 
but will ourselves fix upon a day for the purpose of electing 
a delegate to Congress." 

Several eiibrts vrere made to amend this report^ but it was 
linally received and endorsed. 

By the report of the Committee on Congressional Dele- 
gate, the time of holding the election was changed from the 
time specified by the Legislature to the 9th of October ; that 
the rules and regulations prescribed for the March election 
should govern this election, except the returns, which, by 
the " people's proclamation" subsequently issued, were to be 
made to the "Territorial Executive Committee." The reasons 
for fixing the time on the 2d Tuesday in October, were to 
avoid recognizing the right of the late Legislature to call an 
election, and to obviate the obnoxious oath to support the 
slave code; furthermore, if they should vote at the time des- 
ignated by the Legislature, there would be no guaranty that 
they could have a fair expression of their choice. 

The Committee on Miscellaneous Business, in their report, 
defended Governor Reeder from the charges made against 
him as the cause of his removal, and eulogized his conduct. 
The Convention nominated him candidate for delegate to 
Congress by acclamation. 

There were some very touching scenes to be witnessed in 
the two days' sitting of this convention. It was hard for 
them all to unite upon a common platform. It v\^as thought 
for some time that the attempt would prove a failure, and 
the cause of freedom be lost on that account. At this criti- 
cal crisis Judge Smith arose and began a speech of great 
earnestness and feeling. With his white locks trembling in 
the wind, and tears streaming down his furrowed cheeks, he 
besought them in the spirit of a patriarch and a patriot, to 
cast aside all minor diftereuces, and to unite in one common 
struggle towards rescuing Kansas from the vile dominion of 
slavery. 



188 HISTORY OF KANSAS TERRITORY. 

Mr. Reeder, in response to his nomination, made a most 
moving and feeling speecli. The following is the closing of 
it as reported in the proceedings of the meeting : 

" He spoke long and eloquently upon the importance 
that no rashness should endanger the Union we all love and 
cleave to. He did not consider the correct public sentiment 
of the South as indorsing the violent wrongs which had 
been perpetrated by Missourians in our Territor}^, and that 
being so, he waited to hear their rebuke. Should it not 
come, and all hope of moral influence to correct these evils 
be cut off, and the tribunals of our country fail us, while 
our wrongs still continue, what then ? Will they have 
grown easier to bear by long custom ? God forbid that 
any lapse of time should accustom freemen to the duties of 
slaves, and when such fatal danger as that is menaced, then 
is the time to 

" 'Strike for our altars and our fires, 
Strike for the green graves of our sires, 
God and our native land.' 

" As he paused there was for an instant a deep silence as 
when a question of life or death is being considered — every 
man drew a long breath, but the next instant the air was 
rent with cries, ' Yes, we will strike,' 'AYhite men can never 
be slaves,' 'Reeder!' 'Reeder!' '!Nine cheers for Reeder and 
Right!' During his speech he had been constantly inter- 
rupted by shouts and shaking of hands, but now the enthu- 
siasm was ungovernable ; the crowd gathered around him 
with the warmest greetings." 

A committee of three was appointed to wait on Governor 
Shannon and present him a copy of the proceedings of this 
meeting, composed of General S. C. Pomeroy, Colonel J. 
H. Lane and Geo. "VY. Brown. 

The Delegate Convention to consider the expediency of 
taking preliminary^ steps towards forming a State Constitu- 
tion with a view of applying for admission into the Union, 
assembled at Topeka on the 19th of September, and contin- 
ued in session two days. I^ew elements had been worked 
into the Free State party by this time in consequence of the 
liberal spirit pervading the Big Springs convention, and 



1855.] FREE STATE MOVEMENTS. 189 

Other excellent gentlemen are found co-operating in the 
State movement, such as H. Miles Moore, M. W. Delahay, 
&c. The first day was consumed in organizing. On the 
following morning a committee of eighteen was appointed 
to set forth in an address to the world the grievances of 
the people of Kansas. In the afternoon the following reso- 
lutions among others were unanimously adopted : 

" Therefore, Resolved, By the people of Kansas Territory 
in Delegate Convention assembled, That an election sliall 
be held in the several election precincts of this Territory, 
on the second Tuesday" in October next, under the regula- 
tions and restrictions hereinafter imposed, for members of 
a convention to form a constitution, adopt a bill of rights 
for the people of Kansas, and take all needful measures for 
organizing a State government, preparatory to the admis- 
sion of Kunsas into the Union as a State. 

" Resolved, That a committee of seven be appointed by 
the chair, who shall organize by the appointment of a 
chairman and secretary. They shall keep a record of their 
proceedings and shall have a general superintendence of 
the aifairs of the Territory so far as regards the organiza- 
tion of a State government, which committee shall be styled 
' The Executive Committee of Kansas Territory.' 

" Resolved, That said convention shall be held at Topeka 
on the fourth Tuesday of October next, at 12 o'clock M. of 
that day." 

Colonel James II. Lane was made chairman of this Ex- 
ecutive Committee, and J. K. Goodin secretar}'. The 
other members were C. K. Holliday, M. J. Parrott, P. C. 
Schuyler, G. W. Smith and G. W. Brown. 
22 



190 HISTORY OF KANSAS TERRITORY. 



CHAPTER XYIII. 

FREE STATE MOVEMENTS — CONTINUED. 

The " People's rroclamatiou," signed by most of the 
qualilied voters of the Territory, was issued, calling an elec- 
tion on the second Tuesday of October, to choose a delegate 
to represent them in Congress. After prescribing an oath 
for the judges and the qualifications of electors, they referred 
the details and control of the election to the Executive 
Committee appointed by the Convention at Topeka. 

Immediately followed a proclamation, emanating from 
the chairman of this Executive Committee, calling for an 
election of delegates to the convention for forming a State 
Constitution, on the same day that the election for delegate 
to Congress was held, and prescribing the usual regulations 
for an election. 

The question of forming a State Covernment and resist- 
ing the enactments of the bogus Legislature, was the all- 
absorbing topic of conversation in those days. It was 
discussed in numerous local conventions, talked over at 
home gatherings, preached from the pulpit and mingled in 
petitions to God. Pious men prayed, and wicked men 
swore, over it ; politicians plotted and patriots thought. ^\11 
other business, all other channels of thought, were for the 
time abandoned, and the watchword became, "A Free 
State ; Opposition to Tyranny by Peaceable Measures 
first; when they fail, by Force." ItAvas a question of as 



J 855.] yUEE STATE MOVEMENTS, 191 

seriona concern, and as deep interest, to tlie S(j[Uatters in 
Kansas as that which aftected our Revolutionaiy I'athers 
in the dark days when it -' ti-ied men's souls."" 

It was argued and coniidently telt that ii" the settlers 
would harmoniously enter upon these measures, that Con- 
gress would recognize their action as the legitinaately 
expressed will of the iidiabitants of this Territory; would 
repudiate the IShawnce Ijcgislature and its proceedings, 
admit the delegate of the people to Congress, and receive 
them into the Union under tlie constitution of their own 
making. And they had good reasons to expect such a 
result if justice had not entirely abandoned the legislative 
halls of the nation. Their actions were certainly in accor- 
dance Avith the true spirit of Squatter Sovereignty. Their 
constitution was such that even the liberal minded slave- 
holder would not object to it, except that it did not perpetuate 
slavery in the State. Their actions and declarations of prin- 
ciples were extremely conservative. And even the great 
champion of Squatter Sovereignty, Hon. S. A. Douglas, 
afterwards admitted that it was the greatest blunder of his 
life in not favoring their petitions. 

The election of delegate to Congress, under the appoint- 
ment of the Shawnee Legislature, took place on the lirst of 
October. There being no other candidate. General J. W. 
Wliitfield, vv'ho had been nonunated at Shawnee Mission 
while the Legislature was in session, was unanimously elec- 
ted, and received certificate of the same from G-overnor 
Shannon. There were, at least, as many as two thousand ille- 
gal votes polled at this election, making two-thirds the total 
number cast. The ^lissourians took but little interest in 
it, as thev knew tliat the free state men did not intend to 
contest it. 

Governor Reeder was unanimously elected for tlie same 
position by the Free State Party. He received twenty-eight 
hundred and sixteen votes. In several precincts no vote 
was allowed to be taken. Pro-slaverv men did not partici- 



192 HISTORY OF KANSAS TERRITOKY. 

pate in the election, and oiFered no disturbance, except in a 
few places. 

About this time occurred an amusing incident, to the cha- 
grin and disadvantage of the people at Leavenworth. The 
bogus Legislature^ among the many things it did, had divi- 
ded the Territory into counties ; but in consequence of the 
hurry and burden of business, had neglected, in several in- 
stances, to locate the county seats, whicli was the case with 
Leavenworth County, and accordingly an election by its citi- 
zens was called to decide that question. There happened to 
be three rival towns which contended for the honor of the 
county seat. Two were intensely pro-slavery ; Kickapoo, 
about ten miles above, and Delaware, eight miles below, 
Leavenworth. Both were prospectively great in the eyes of 
those interested at that time, but both have long since ceased 
to be known. Leavenworth contained a majority of free 
state men, wuth a large minority of pro-slavery men ; but by 
being situated so near the border, the latter generally ruled. 
Its citizens, of course, all desired the county seat, and confi- 
dently expected it. They, therefore, made but little eflbrt 
at the election, feeling that their local interest would poll 
the majority of votes in favor of their town. The other 
two contestants knew their cause was hopeless in a fair elec- 
tion, but they resolved to profit by their recent instructions 
in ballot box frauds. The matter was laid before the people 
of Platte County, among whom Leavenworth was reputed 
as an "■ abolition stink hole," and they agreed to help their 
friends across the river in this dilemma. On the day of the 
election Leavenworth polled about five or six hundred votes, 
all legal. Between Weston and Kickapoo a steam ferry 
boat was kept running all day, pouring in voters from Mis- 
souri, until they polled at the latter place eight hundred 
and fifty ballots for the county seat ; whereas the total num- 
ber of legal voters in that precinct did not exceed one hun- 
and fifty. At Delaware they went still farther. Besides 
conveying voters across the river in a chartered steamer for 



1855.] FREE STATE MOVEMENTS. 193 

oue day only, tliej kept it up after they had learned the 
result at Kickapoo, until they had polled nearly nine hun- 
dred votes, only fifty of which were legal. For this purpose 
they had kept the polls open three days. The first author- 
ity to whom these returns were made decided in favor of 
Kickapoo, declaring that keeping the polls open for three 
days was an " unheard of irregularity." " Kickapoo was ju- 
bilant, Leavenworth was sore. Her pro-slavery men were 
grieviously indignant. So long as this kind of operation 
had been directed against the ' abolitioners' it was fair ; but 
now they began to realize a touch of Squatter Sovereignty, 
as enunciated in the Kansas- jSTebraska bill. The Leaven- 
worth Herald whose editor had been a member of the bogus 
Council of the Shawnee Mission, began to print moral les- 
sons and homilies on the tendencies of these things. All 
the respectable, which means the property holding, pro-sla- 
slavery men about Leavenworth, looked solemn." 

'' The Kickapoo Pioneer, a fire-eating, pro-slavery paper, 
taunted Mr. Easton, of the Leavenworth Herald, of his sud- 
den conversion to the ' purify-the-polls' doctrine, aud fin- 
ished a somewhat sarcastic article by asking, 'Who elected 
you to the Legislature ?' This was severe but fair. Li the 
dilemma the Herald got ofi" the following interestino; mor- 
sel, being a part of a glorious article two columns long : 

" ' Much has been said by the abolition presses through- 
out the country about ' armed invasions of Kansas by the 
Border Kuffians of Missouri,' but, as we then asserted and 
still assert, they were acting solely in self-defense ; and 
history will tell of the purity of their purpose and of the 
justice of the cause they vindicated. They came here actu- 
ated by the noblest of human sentiments, determined to 
ward ofi" a blow which was aimed against their institutions 
and against th'eir peace. As such, with open arms we wel- 
comed them ; and, when victory croAvned our common 
eftbrts, and the black flag of abolitionism trailed in the 
dust, how grateful were the feelings we experienced to those 
who had rallied with us to a hand-to-hand encounter with 
the aggressive foes. 



1.94 HISTORY OF KANSAS TERRITORY. 

'' *But did any pro-slavery luau in or out of Kansas for 
a moment imagine that, by reason of such elections, Kansas 
had surrendered unconditionally, and that Missouri had 
made the conquest of the Territory for the use and benefit 
of Platte County, upon her border ? and, worse than this, 
to be made the plaything and the puppet of a few dema- 
gogues and hucksters in Weston and Platte City ? The 
idea is simplj^ absurd.' 

"Absurd though it might be, it still was a 'fixed fact." 
Kickapoo had to bite the dust before the sovereign will of 
the ' majority.' The election was referred to a court which 
decided in favor of Delaware. This was, at least, consist- 
ent ; for, as all the pro-slavery courts, which means all the 
courts in the Territory, had decided in favor of bogus 
authority, it was not going to do to establish so dangerous 
a precedent as setting aside an election on account of any 
irregularity." 

The Topeka Constitutional Convention, from the object 
it had in view, and from the circumstances under which it 
assembled, was one of the most important bodies of men 
ever convened in Kansas. It was composed of the chief 
men among the free soilers from all parts of the Territory. 
They had emigrated from every State in the Union, and 
represented every political party, [religious sect, habit of 
life, prejudice, dogma and principle that exist in the United 
States. There were Republicans, Democrats, TVhigs and 
Abolitionists — all freesoilers. Every occupation had its rep- 
resentative ; the farmer, the teacher, the doctor, the preacher 
and the lawyer. They occupied every grade ot intelligence 
and age ; from the illiterate to the learned, from the young 
to the old. Some were pious and some were not so much 
so ; some were temperate, others indulged when they felt 
like it. There were the young and the ambitious, who, 
while they sought to advance the cause of freedom, equally 
hoped to advance themselves. There were those who had 
entered upon the conflict to defend the principles involved. 
They were no politicians, but men of sound sense and ster- 
ling worth, who sought no preferment, but expected to re- 



1855.] FREE STATE MOVEMENTS. 195 

tire to private life wlien tiie contest should end. There 
were politicians, experienced and adroit in pulling the 
wires, who had come here to retrieve or better their polit- 
ical fortune. They thought by judiciously framing the ship 
of State with reference to the political elements with which 
it had to contend, to safely ride themselves into office. 
They w^ere unscrupulous as regards principles and advised 
the surrendering of a portion of them, like mariners do 
with their cargo in a storm, to prevent the shipwreck of 
their hopes. The members of the convention were, indeed, 
what they purported to be — the representatives of a peo- 
ple that had recently emigrated from all inrrts of the natioUy 
bringing icith them their characteristic peculiarities and, 'provin- 
cialisms. 

Fifty-two members had been elected, but only forty took 
part in the deliberations. Their daily proceedings were 
officially published in a small sheet from the press of the 
" Kansas Freeman." Mr. E. C. K. Garvey was editor — a 
short, thick, hump-shouldered Irishman. The convention 
had all the attendants of a legislative body. There were 
caucuses, committee meetings, electioneering, button-hole 
lingering and speech making. Newspaper reporters were 
admitted to a seat within the bar, and sent the proceedings 
of the convention to all parts of the country. A chaplain 
opened their sessions with prayer, and humbly invoked the 
'' wisdom that cometh from above." Parties, oyster suppers, 
concerts and lectures afrbrded amusements. 

The citizens were especially courteous and clever, as they 
hoped to secure the capital of the rising State. 

The members of the Convention were generally conser- 
vative, the Democrats having a slight majority, and about 
as many from the western as from the eastern States. The 
vote upon striking out the word "white" from the Consti- 
tution stood 7 yeas to 24 nays, as follows : 

Yeas — Brown, Crosby, Hillyer, Hunting, Knight, Robin- 
son, Schuyler. 



196 HISTOKY OF KANSAS TERRITORY. 

i^ays — Arthur, Eurson, Curtiss, Cutler, Delahay, Dodge, 
Hunt, Klotz, Lane, Latta, Landis, McDaniels, McWhenny, 
Parrott, Eoberts, Sayle, Smith, Thomson, Tuttou, Wake- 
field, Hicks, Emery, Gooden, Holliday, Graham. 

On a resolution "approving the principles of Squatter 
Sovereignty, and non-intervention by the people of the 
States as well as Congress in the local afiairs of the Terri- 
tories and States," the vote stood 17 yeas to 15 nays. 

The Convention did not come to a test vote upon the 
exclusion of free negroes from the Territory, but compro- 
mised the matter by a resolution providing for a submission 
of the question to a vote of the people, which should act as 
instruction to the State Legislature. Thus the odious 
" black law" had no place in the Constitution, but a majo- 
rity of the delegates were probably in favor it. The great 
argument emplo3^ed in its favor was that unless some such 
provision should be made, Missouri would burden the State 
with her worn out, infirm and worthless negroes. 

The Convention was in session sixteen days, and moulded 
the first Constitution of the State. There was nothing 
remarkable in the document itself; but the circumstances 
under which it was framed rendered it illustrious. ISTever- 
theless, it formed the model by which the other two free 
state Constitutions were shaped, which are in reality only 
amendments of that instrument. It provided that " there 
shall be no slavery in the State, nor involuntary servitude, 
unless for a punishment of crime," and that the first Legis- 
lature should provide for the enforcement of this article on 
or before the 4th of July, 1857. The boundaries of the 
State were the same as those prescribed in the act organiz- 
ing the Territory. All male Indians who had adopted the 
customs of the whites should be allowed to vote. The ques- 
tion of excluding from the State free negroes and niulat- 
toes occasioned much discussion. The General Assembly 
should be composed of sixty Representatives and twenty 
Senators, who should receive $4,00 per day for their serv- 



1855.] FREE STATE MOVEMENTS. 197 

ices. There wiis no Superintendent of Public Instruction 
provided for, and educational provisions were generally 
defective. Topeka was made the temporary capital, tAventy 
votes being cast for it, and sixteen for Lawrence, The first 
General Assembly was to locate the permanent seat of gov- 
ernment. There can be no convention to form a new Con- 
stitution, nor can this be amended until after 1)^65. The 
Constitution was to be submitted to tlie peoi)le on the 15th 
of December, 1855 for their ratification or rejection. At 
the same time the general banking law was to he voted 
upon, and if adopted was to stand as a part of the Consti- 
tution. In case the Constitution Avas ratified at the election, 
the Executive Conmiittee vshould call an election for State 
officers and for Representative in Congress. The first Gen- 
eral Assembly was to meet on the 4th of July, 1856. Elec- 
tion districts were arranged, rules and regulations for the 
election the 15th of December were prescribed l)y the 
Convention. The Territorial Executive Committee, ap- 
pointed on the 19th of Novenil^er, was empowered to 
'superintend the State organization at the coming elections, 
to issue scrip, not to exceed twenty-fiv:e thousand dollars, to 
meet all necessary expenses, and the first Assembly was to 
provide for the redemption of this scrip. Late on Saturday 
night, (Noveml^er 10th,) the members of the Convention 
subscribed their names to the Constitution in the following 
order :* 

Robt. Klotz, merchant, Pa.; Pawnee, Dem., Pa., 85. 

M. J. Parrott, S. C, Leavenworth, Dem., Ohio. 

M. W. Delahay, lawyer and editor, Md., Leavenworth, 
Dem., Ala., 37. 

W. R. Griffith, teaclier, la., Rep., Bourbon Co., Pa. 

G. S. Hillyer, farmer, Ohio, Grasshopper Falls, WTiig, 
Ohio, 35. 

'■■■Exi)l.ination— The words and abbreviations opposite each name designate succes- 
Fively as follows : 1. profession; 2, nativity; 3, residence at time of convention; 4, 
politics; 5. State emigrated from to Territory; G, age, 

23 



19« HISTORY OF KANSAS TERRITORY. 

AVilliuin Hicks, tkrmer, Pa., Dayton, Deiii., Intl., 33. 

S. X. Latta, lawyer, Ohio, Leavenworth, Whig, Iowa, 39. 

John Landis, farmer. Ivy., Doniphan, Dem., Mo., 28. 

II. Burson, farmer, Virginia, Bloomington, Whig, III., 36. 

W. Stewart, tarmer, Ky., Ocena, Dem., 42. 

J. M. Arthur, farmer. Inch, Sugar Creek, Dem., Ind., 38. 

J. L. Sayle, tarmer. III., Kickapoo, Kep., Iowa, 37. 

Caleb May, farmer, Ky., Ocena, Dem., Mo., 40. 

S. McAVhinny, farmer, Ohio, Prairie City, Dem., 111., 45. 

A. Curtiss, lawyer, 'N. Y., Bloomington, none, Ky., 32. 

A. Hunting, physician, Mass., ]SIanhattan, Pep., K. I,, 61. 

E,. Knight, clergyman, England, Lawrence, Free State, 
Mass., 43. 

O. C. Brown, farmer, X. Y., Ossawattomie, Free Soiler, 
N. Y., 44. 

W. Graham, physician, Ireland, Prairie City, Democrat, 
Tenn., 39. 

Morris Hunt, lawyer, Ohio, Lawrence, Whig, Ohio, 27. 

J. II. I^eshit. 

C. K. Holliday, lawyer, Pa., Topeka, Dem., I'a., 28. 

David Dodge> lawyer, l!^. Y., Leavenworth, Democrat, N. 
Y., 25. 

J. A. Wakefield, lawyer, S. C, Bloomington, A\^hig, 
Iowa, 59. 

W. Y. Roberts, tarmer, Pa., Washington, Dem., Penn- 
sylvania, 41. 

G. W. Smith, lawyer. Pa., Franklin, Whig, l*a., 50. 

J. G. Thomson, saddler. Pa., Topeka, Dem., Pa., 55. 

G. A. Cutler, physician, Tenn., Doniphan, Free Soiler, 
Mo., 23. 

J. K. Goodin, lawyer, Ohio, Clear Lake, Dem., Ohio, 31. 

J. M. Tutton, clergyman, Tenn., Bloomington, Democrat, 
Mo., 33. 

Thomas Bell. 

11. II. Crosby, merchant, Maine, Ocena, Pep., Min., 21. 

P. C. Schuyler, farmer, ^. Y., Council City, Rep., 50. 



1855.] FREE STATE MOVEMENTS. 199 

C, Eobiiisoii, physician, Mass., Lawrence, Independent, 
Mass., 37. 

M. F. C'onway. 

J. S. Emery, lawyer, Maine, Lawrence, JJeniocrat, iS'. 

Y.,2t;. 

J. IL Lane, lawyer, Ky., Lawrence, Lem., Lid., So. 



200 HISTORY OF KANSAS TERRITORY. 



CHAPTER XIX. 

VARIOUS EVENTS. 

The emigration from the free States was very large dur- 
ing the spring and summer. More than five hundred came 
in under the auspices of the Xew England Emigrant Aid 
Societies. Pennsylvania sent many of her industrious, per- 
severing and enterprising children. Ohio, Indiana, Illinois, 
Michigan, AYisconsin and Iowa, poured in an energetic and 
sturdy class of pioneers. Many went far hack into the Ter- 
ritory, and selected choice sites for their homes. 

The various towns laid out the fall hefore received tlieir 
respective proportions of the incoming population. Many 
new town sites were located, hut none of these ever acquired 
any importance. Xew and more suhstantial buildings were 
erected ; large hotels, saw mills, churches and school houses 
were prepared for the accommodation of the public. 

There might be many amusing items written relative 
to the laying out and settlement of Kansas towns. Each 
one had its "blowers" and drummers along the Border. 
Here would be one expatiating on the merits of Leaven- 
worth, another of Lawrence, wliile a third would prove to a 
demonstration that Pawnee would be the emporium of the 
West. Towns were laid out, represented on paper, their 
praises sounded, which never had any existence only on 
paper, and were known as " paper towns." Doniphon, Del- 
aware, Kickapoo, Lecompton and Tecumseh maintained a 
straggling infancy, and then perished. The tov/ns of Kansas 



1855.] VARIOUS EVENTS. 201 

grew slowly at first, and it was not uutil the troubles subsided 
that their growth was accelerated. 

Many of the new emigrants were utterly unfit for the ar- 
duous life on the frontier. They were chiefly young men of 
no fixed habits of life, who had come as on a pleasing adven- 
ture to the land of which there was then so much talk. 
They seemed never to have thought of the many hardships, 
privations and denials concomitant with a new country ; so 
on arriving here and not finding the advantages and lux- 
uries, they returned in disappointment, cursing the country 
as barren of all the comforts of life. Others came from cities, 
and were alike unaccustomed to the inconveniences to 
which they found themselves necessarily subjected, while 
another class came merely to prospect, with the expectation 
of emigrating if suited with the countr3^ These classes 
of new comers generally made but transient stays in the 
Territory. They hurried back to their old pleasant homes, 
feeling that there were but few charms for them in pioneer 
life. Those of them who dared to weather the hardships to 
which they found themselves exposed, only procrastinated 
their return. The troubles and sickness which soon broke 
out, repaid their temerity with fresh suiFering, and, some- 
times, with mourning. The consequence was that very 
many of the eastern emigrants, this spring and summer, 
found no permanent lodgment upon our prairies, but migra- 
ted back to their old peaceful and congenial al)odes. 

To add to the many hardships with which settlers in a 
new country have to contend, disease spread among them. 
The summer being an exceedingly dry one, it Avas difficult 
to obtain water. Few wells had been dug, and the only 
water that could be secured in many instances, was taken 
from stagnant pools in the beds of creeks, covered with a 
yellow slime. Hard labor, improper diet, unwholesome 
drink and general filthiness invited tlie visits of epidemics, 
('holera and fever vied with each otlier in ravaging the un- 
happily situated people of their only enjoyment — health. 



202 HISTORY OF KANSAS TERRITORY. 

Until the arrival of Governor Shannon after Governor 
Reeder was removed, Secretary Daniel Woodson acted as 
Governor. He was a tall, slender, and rather handsome 
Virginian of about thirty years. He was once editor of the 
" Lynchburg Republican " in his native State. He was 
pro-slavery from taste and not principle. Although there 
was nothing apparently bad in the man, he was utterly 
wanting in that essential quality of an executive officer — 
which we sometimes express by " backbone.'' "With pro- 
slavery feelings, he was well calculated to be used as a tool 
by Border politicians. ISTo sooner had Gov. Reeder turned 
the powers of the Executive over to the Secretary than 
he began signing the l)ills passed by the bogus Legislature. 

A convention, composed of delegates from twenty-live 
counties, was held on the 12th of June, at Lexington, Mis- 
souri, for the purpose of taking into consideration the inter- 
ests of their w^ard in Kansas. The chief men of the Bor- 
der were there in grave council tor two days and nights. 
In it the principles of nullification were clearly set forth. 
Said the orator of the day, " A minority liave not the right 
to revolt against any constitutional measure that may be 
enacted, but that minority have the right to resist any act 
of Congress that has not the sanction of the Constitution." 
Their attention was chiefly directed to the proceedings of 
the Emigrant Aid Societies, which they bitterly denounced 
in their speeches and resolutions. They petitioned the 
Legislature to retaliate on free States " by discriminating 
against their sales and manufactures " in Missouri, and to 
suppress "the circulation of abolition or freesoil publica- 
tions, and the promulgation ot abolition or freesoil opin- 
ions." A committee was appointed to prepare and issue an 
address to the people of the United States " setting forth 
the history of the Kansas excitement and the views and 
actions of our people thereon." This address was a weak 
and puerile production, full of misrepresentations and 
tirades against the Aid Societies. Their chief complaint 



1855.] VARIOUS EVENTS. 203 

against tliese organizations was tliat they tended to divert 
the natura] course of emigration so as to make Kansas a 
free State against tlie wishes and interests of Western Mis- 
souri. 

The invasions of the 30th of March and tlic continued 
threatening and armed demonstrations of the Missourians, 
suggested to the free state men some kind of military 
organization for self-defense. Accordingly a secret order 
of a military character was introduced, (the Kansas Legion,) 
similar to the Blue Lodges of Missouri, with this exception 
— its object was solely defensive, while that of the latter 
was oifensive. Its design was to labor by all lawful means 
to make Kansas a free State, and to protect the ballot-box 
from invasion. There was nothing wrong in the Society 
itself, nor in its object, or means employed to attain that 
object. It never extended far over the Territory. There 
were, however, several "encampments" at different places. 
It was secret in its character, and the members took an ob- 
ligation in accordance with the nature and design of the 
society. It was found to be too cumbrous and unwieldy, 
and soon fell into disuse. Many of its members became 
dissatisfied with its unnecessary obligations to secrecy. Its 
cumbersome machinery was never put into practical ope- 
ration. 

This is the society which Pat Loughland claimed to ex- 
pose. He was a chubby Irishman of some ability, who 
lived at Doniphan. lie was first pro-slavery, then free state. 
Having been chosen a delegate to the Big Springs Conven- 
tion, he attended it and took an active part in its proceed- 
ings. At this time he was initiated into the Order. On 
returning to Doniphan, for some mercenary consideration, 
he made his exposition, which was published in the "Squat- 
ter Sovereign." The ritual as published in that paper, de- 
clared the object of the society to be the same as stated 
above. The pro-slavery presses made a great ado about 
this society as exposed. Hon. Stephen A. Douglas arraigned 



204 HISTORY OF KANSAS TERRITORY. 

it ill the United States Senate as a monster of iniquity. 
And yet it was only a local and secret organization of a 
few oppressed freemen, designed solely for self-defense. 

As the Kansas IjCgion fell into disuse, independent mili- 
tary companies were kept up in different localities. The 
threatening condition of the country required some such 
measures. The Missourians having finished their lawmak- 
ing for tlie people of Kansas after sixty days of labor, hav- 
ing liad the validity of their enactments duly tested by the 
Supreme Court and signed by the acting Executive, they 
were anxious to see tliem enforced. Accordingly every op- 
portunity was watched by the oflicial emissaries of the 
Shawnee Legislature to entangle free state men in the dark 
mazes of their voluminous laws. Efforts were made to get 
up street broils, whereby some freesoiler would be led to 
retaliate upon their insolence, and thus subject himself to 
arrest at their hands. Then in case of concerted resistance 
the}' would dispatch to Missouri for a horde of their broth- 
ers to come to their assistance and bring down summary 
vengence upon the unruly people. 

But the free state men had adopted a polic}- wliich, for a 
time, entirely frustrated the designs of these officials. They 
had determined to avoid, as far as possible, any confiict with 
the Territorial laws, and, at the same time, not recognize 
their legality or authority. They resolved to quietly and 
peaceably demean themselves as good citizens without any 
reference to the enactments of the Legislature. They had 
nothing to do Avith its pretended courts of justice or officers, 
but conducted and carried on their business, and righted 
their dift'ei^nces according to their own rules and regula- 
tions. These remarks apply only where the free state ele- 
ment predominated ; in other places free soilers were com- 
pelled to recognize, in some degree, the "bogus laws." 

Particularly are the remarks in the last two paragraphs 
applicable to the citizens of Lawrence and vicinity. Re- 
peated personal attacks were made upon them singly, when 



1855.] VARIOUS EVENTS. 205 

unarmed, in and out of town, and every opportunity was 
taken to harass and brow beat them. In consequence of 
this state of aflairs, another society was organized,* whose 
proceedings were secret, but its existence was intended to be 
known. Its design was to guard the free state movement, 
and insure its success by affording personal protection to 
free state men, and being prepared for any assault from the 
Missourians, either upon their conventions, homes or towns. 
It was military in its character, defensive in its object, and 
confined itself almost exclusively to Lawrence. This is the 
society which Dr. A. J. Francis exposed to the Grand Jury. 
It fell into disuse soon after the ratification election in De- 
cember. The leading free state men were members of it. 
Its members were required to keep about their persons and 
homes arms and ammunition, and be ready to hurry to the 
rescue of any brother endangered. It was the policy of the 
free state men thus to preserve and guard their state move- 
ment, and at the same time not come in conflict with the 
Territorial authorities, until the Government which they 
had thus inaugurated should be recognized by Congress as 
the legitimate one, and that .of their oppressors repudiated. 
It was thought that Congress could be prevailed upon to ad- 
mit them as a State, and in case their application should be 
rejected, they could still preserve their State government out 
of the Union as other Territories had done before. 

In the month of August several outrages were committed 
upon inofi:ensive persons by a mob. A gentleman from 
Cincinnati, by the name of J. W. B. Kellev, having made 
some remarks at Atchison which were construed to reflect 
upon the institution of slavery, the ruffian Thomason, twice 
the size of the former, jumped upon him and almost beat 
him to death. A meeting ot the citizens was called and the 
act publicly sanctioned and applauded. The following res- 
olutions were passed : 



*About the middle of September, 

24 



20(3 HISTORY OF KANSAS TERRITORY. 

" Resolved, 1st. That one, J. AV, B. Kelley, hailing from 
Cincinnati, having upon sundry occasions denounced our 
institutions, and declared all pro-slavery men ruffians, we 
deem it an act of kindness to rid him of such company, 
and hereby command him to leave the town of Atchison 
one hour after being informed of the passage of this reso- 
lution, never more to show himself in this vicinity. 

" Resolved, 2d. That in case he fails to obey this reason- 
able command, we inflict upon him such punishment as the 
nature of the case and circumstances may require. 

" Resolved, 3d. That other emissaries of this ' Aid Soci- 
ety' now in our midst, tampering with our slaves, are 
warned to leave, else they, too, will meet the reward which 
their nefarious designs so justly merit — hemp. 

" Resolved, 4th. That we approve and applaud our fellow 
townsman, Grafton Thomason, for the castigation adminis- 
tered to said J. W. B. Kelley, whose presence among us is 
a libel upon our good standing and a disgrace to our com- 
munity. 

^'■Resolved, 5th. That we recommend the good work of 
purging our town of all resident abolitionists, and after 
cleansing our town of such nuisances shall do the same for 
the settlers on "Walnut and Independence Creeks, whose 
propensities for cattle stealing are Avell known to many. 

" Resolved, 6th. That the chairman appoint a committee of 
three to wait upon said Kelley and acquaint him with the 
action of this meeting. 

" Resolved, 7th. That the proceedings of this meeting be 
published that the world may know our determination." 

It was further agreed that copies ot these resolutions be 
made out and circulated for the signatures of all the towns- 
men, and all who refused to sign them should be reckoned 
and treated as abolitionists. 

On the 16th of August Rev. Pardee Butler, of the Chris- 
tian Church, who lived about twelve miles from Atchison 
on his claim, happened in this city waiting for a boat to go 
east on business. Robert S. Kelley was postmaster, and 
likewise assistant editor of the " Squatter Sovereign." 
Meeting Mr. Kelley at the post-office, Mr. Butler informed 
him he would have some time since become a regular sub- 



1855.] 



VARIOUS EVENTS. 



207 



scriber to his paper had he not disliked the spirit of vio- 
lence which characterized it. Mr. Kelley replied. " I look 
upon all free soilers as rogues, and they ought to l)e treated 
as sucli."' Mr. Butler responded, " I am a free soiler, and 
expect to vote for Kansas to he a free State." " I do not 
expect you will he allowed to vote," was the reply. Mr. 
Butler then retired to the hotel, and there was no further 
disturbance that night. The following morning Mr. Kelle}' 
entered Mr. Butler's boarding house and demanded of him 
to sign the resolutions above quoted in regard to Mr. Thom- 
ason. The rest of the story is given in Mr. Butler's own 
words : 



l%i:n^^.^jm 






4 




REV. PARDEE RUTLER ON A RAFT. 



" I declined to subscribe to these resolutions. 1 com- 
menced reading the resolutions aloud. E,obert S. Kelle}' 
finally interrujited me and demanded I should sign tliem. 
1 rose up ; walked down stairs into the street ; here they 
stopped me and demanded, ' will you sign V I refused, when 
tliev seized me and dragged me to the river, cursins: me for 
a damned abolitionist, and saying they were going to drown 
me. When we arrived at the bank, 5lr. Kelley painted my 
face with black paint, marking upon it the letter 'R.' The 
company had increased to some thirty or forty persons. 
Without any trial, witness, judge, counsel or jury, for about 



208 HISTORY OF KANSAS TERRITORY. 

two hours, I was a sort of target at which were hurled im- 
precations, curses, arguments, entreaties, accusations and 
interrogatories. 

" They constructed a raft of three cotton wood saw logs, 
fastened together with inch plank nailed to the logs, upon 
which they put me and sent me down the Missouri River. 
The raft was towed out to the middle of the stream with a 
canoe. Robert S. Kelley held the rope that towed the raft. 
They gave me neither rudder, oar nor anything else to man- 
age my raft with. They put up a flag on the raft w^ith the 
following inscription on it : ' Eastern Emigrant Aid Ex- 
press.' ' The Rev. Pardee Butler again for the under- 
ground railroad.' ' The way they are served in Kansas.' 
' For Boston.' ' Cargo insured, unavoidable danger of the 
Missourians and the Missouri River excepted.' ' Let future 
emissaries from the ISTorth beware.' ' Our hemp crop is 
sufficient to reward all such scoundrels.' They threatened 
to shoot me if I pulled the flag down. I pulled it down, 
cut the flag off the flag stafi", made a paddle of the flag 
stafl", and ultimately got ashore about six miles below." 

The writer does not think that Mr. Butler is correct about 
the inscription on the flag, if his impressions are not false. 
A horse wa3 represented on the flag at full speed with Mr. 
Butler upon him ; a negro was clinging behind him, while 
Mr. Butler was represented as exclaiming, "To the rescue, 
Greeley, I've got a negro !" Over the painting was printed 
in large letters, " Eastern Abolition Express." The other 
side ot the flag bore the following inscription, " From Atch- 
ison, Kansas Territory." " The way they are served in 
Kansas." 

On the 25th of October a fatal rencounter took place be- 
tween Pat Laughland and Samuel Collins near Doniphan. 
It will be recollected that the former gentleman is the man 
who had made the expose of the secret association of the 
free state men. He had been petted and dandled by pro- 
slavery men until he had become extremely insolent towards 
the opposite party. The gentleman with whom he had the 
fatal afl'ray was a free state man and a. member of the soci- 



1855.] VARIOUS EVENTS. 209 

ety whose working and character Laughland had exposed. 
Much bitter feeling prevailed in the neighborhood between 
the two factions. 

Mr. Collins, with several other friends, happening to meet 
Laughland at a saw-mill, a quarrel ensued. In the midst 
of the excitement one of the latter's friends fired a shot at 
the former, which he returned without effect. Laughland 
continued his insulting remarks, when Collins advanced 
upon him with his drawn gun. Laughland drew his revol- 
ver, fired and killed him. A conflict ensued between the 
friends of each in which shots were exchanged, bowie 
knives used and several badly hurt.' Laughland was taken 
to Atchison and employed as salesman in a store after he 
recovered from a wound he received in the affray. 

Governor Shannon's appointment was viewed with dis- 
trust by the slave propagandists. The "Squatter Sovereign" 
said : " Mr. Shannon may be a reliable man; we hoj^e he is ; 
but coming as he does, from a State that produces a Gid- 
dings, a Wade and a Chase, we can not but regard him with 
suspicion." '^ If we know the feelings of the people of Kan- 
sas Territory, we can safely state that the point has now ar- 
rived, at which forbearance ceases to be a virtue, and the 
further attempts of the President and Cabinet to saddle an 
abolitionist upon us for a ruler, will not be tolerated, but re- 
sisted even unto death." They desired the President to ap- 
point Mr. Woodson, who had proven " all sound on the 
goose,"' and a very placid tool, or at least some man from a 
slave State. On the other hand, for those very same rea- 
sons for which pro-slavery men disfavored the appointment 
ot Mr. Shannon, the free state men hoped that, like Reeder, 
he would be disposed, at least, to act impartially in the admin- 
istration of justice. 

But the new Governor had no sooner arrived on the Bor- 
der than he committed himself decidedly to the interest 

(1) Accounts of this disturbance vary considerable. (2) A phrase applied by the 
Missourians to those who were decidedly in favor of making Kansas a slave State, 



210 HISTORY OF KANSAS TERRITORY. 

of slavery. He received a public reception at Kansas City, 
and was escorted by members of the Legislature to West- 
port. In the evening be addressed a large audience from 
the front of the Harris House. His remarks were very ac- 
ceptable, which was a good evidence Miat they were "all 
sound on the goose." The " Squatter Sovereign," in giving 
a summary of his remarks, said : " Those who heard him 
assure us that ho was eminently felicitous in his remarks, 
and made the best possible impression on the minds of his 
hearers. He did not let fall a word which a pro-slavery 
man, or any other right minded man would wish to have 
changed ; nor did he leave unsaid any thing necessary to a 
full understanding of his position. He recognized, in its 
fullest extent, the legality of the Legislative Assembl}^ 
and the binding force of its enactments, which he pledges 
himself to see executed with all his power and authority. 
He spoke of the deep interests which the Missourians have 
evinced in the institutions of Kansas, and decUired tliat it 
was nothing more than natural that people divided only 
by an ideal line, and clearly allied by the ties of kindred, 
intimate acquaintance and personal friendship, should do- 
sire to have their institutions as* near assimilated to each 
other as possible." He next attended a political meeting, 
at which General J. V^. Whitfield was to make his opening 
speech of the canvass as delegate to Congress. Here the 
Governor spoke again, and declared that " he would mildly 
but firmly, resist every attempt, come from what quarter it 
may, to introduce higher law doctrines, or in otlier words, 
anarchy and confusion into the Territory."* 

At a meeting of a fev/ pro-slavery men at Leavenworth 
on the 3d of October a committee was appointed to prepare 
an address to the law and order people of Kansas. The 
members of this committee were Andrew Isaacs, John A. 

'•'The author is aware that Mr. Shannon denied many of the statements attributed 
to him in his speecli at Westport by the free state presses ; but this account is taken 
from an intensely pro-shivery paper, and it is presumed, therefore, reliable. 



1855.] VARIOUS EVENTS. 211 

llalderman, D. J. Johnson, W. G. Mathias, R. K. Hces, L. 
F. IIol lings wortli and D. A. N. Grover. This address urged 
upon " the lovers of law and order" to oppose all attempts 
to resist the code of laws recently enacted by the Territo- 
rial Legislature, and declared it treason to oppose them. 
It also called lor a grand convention of all the people of 
this class to assemble at Leavenworth on the 14th of No- 
vember. 

The object of this movement was to quiet down all peace- 
able citizens who cared for little beyond the improvement 
of their claims^ into submission to the laws of the foreign 
Legislature. They very clearly saw that they could not 
always force the citizens to acknowledge and obey them. 
It had been concocted by the officers and politicians in the 
Territory and on the Border with a view to frustrate the 
free state movement, after which the people seemed to be 
running. 

The convention met and the celebrated " Law and Order 
Party" was organized. It was slimly attended, composed 
chiefly of pro-slavery men of Leavenworth and Missouri. 
Governor Shannon was elected chairman and made quite 
an eloquent speech in favor of obedience to law. lie was 
reported delegate from Douglas County, where he did not 
then reside. It was a most unbecoming and imprudent 
act, if not indecent and highly reprehensible, in entering 
such a mock convention of law and order, accepting the 
leadership, and calling upon them, the most lawless and 
reckless in the whole country, most of whom were Mis- 
sourians, to assist in preserving order. He denounced the 
movement of free state men as treasonable, and that it must 
be crushed. 

General Calhoun, the Surveyor General, made an in- 
tensely partisan speech. It was filled with vituperation 
and low slang. Pro-slavery journals eulogized it for weeks 
afterwards. 

Upon General Calhoun's taking his seat, Mr. Parrott rose 



212 HISTORY OF KANSAS TERRITORY. 

to speak, but was prevented by various motions of other 
members. After making repeated calls for the attention of 
the chair he was finally recognized. He began his speech, 
but was constantly interrupted by groans and hisses and 
cries of '' put him out." Finally Dr. Stringfellow slyly 
whispered to him that the crowd did not wish to iiear a 
free state man speak. Mr. Parrott claimed to reverence the 
law, but the laAv and order men would not listen to him 
simply because he was a free state man. Judge Lecompte 
was there and endorsed Mr. Calhoun's speech. Daniel 
"Woodson joined in the chorus for ''law and order.'^ Thus 
the Governor, Secretary, Chief Justice and Surveyor Gen- 
eral held conspicuous places in this '' law and order" assem- 
bly. Says one speaker, " We must enforce the laws, though 
we resort to the force of arms ; trust to our rifles and make 
the blood flow as freely as do the turbid waters of the Mis- 
souri that flows along our banks." 



1855.] BEGINNING OF THE WAKARUSA WAR. 213 



CHAPTER XX. 

BEGINNING OF THE WAKARUSA"^ WAR. 



I ^ 



During the summer and fall there were frequently dis- 
putes in reference to claims by diflerent parties, which some- 
times resulted in personal violence and bloodshed. This 
was especially the case whenever the two conflicting polit- 
ical elements sought the occupancy of the same neighbor- 
hood or grounds. AVherever there was a choice locality the 
first immigrants, of course, laid claim to it. These -would 
frequently consist of free and slave state men. Each would 
seek to introduce andcrather around them immi2:rants of their 
owm political faith. The grounds being nnsurveyed, no 
courts of justice at hand, inflamed by political excitement, 
angry contentions and collisions were of frequent occur- 
rence. 

An instance of this character took place at Hickory Point, 
about ten miles south of Lawrence, on the Santa Fe road, 
which led to what is termed the Wakarnsa war. Hickory 
Point was a beautiful site of timber and prairie. The first 
settlers were chiefly from Indiana, but, as in many other 
cases, some of the original occupants had left their claims 
and returned to the States. Several Missourians came in 



*This is the name of a large creek running south of Lawrence about four miles' It 
is so named from «n Indian legend, which says that a maiden, during a great freshet, 
sought to cross it on horse back. As she proceeded across, the waters became deeper 
and deeper, until her body was half immersed, when she exclaimed, '' Wakarufal" 
(hip deep) Though she crossed in safety, still the savages, from this occurrence, 
named the stream Wakarusa. 

25 



214 HISTORY OF KANSAS TERRITORY. 

and took tliose claims tlms forfeited according to Squatter 
laws, and fraudulently seized others. Among those who thus 
came in, was Franklin Coleman. 

DifHculties soon ensued between the new comers and the 
old settlers, which were increased by the return of the orig- 
inal claimants of those lands forfeited by absence. Each party 
sought to strengthen and increase its numbers. The leader 
among the free state men, Jacob Branson, had encouraged 
a young man by the name of W. Dow to settle upon an un- 
occupied claim. 

The pro-slavery men would commit trespasses upon 
the premises of the free soilers, by cutting their timber, 
burning lime kilns, and appropriating lumber to their 
own use. Such acts of depredation Coleman committed 
upon the premises of Dow. The latter determined not to 
allow this, and notified Coleman that he must stop his tres- 
passes. 

On the morning of the 21st of November Mr. Dow went 
from liis boarding place, Mr. Branson's, to a blacksmitli 
shop a short distance off, and while there was abused and 
threatened by some pro-slavery men. As he started to re- 
turn home, one of those who had been most violent in de- 
nouncing Dow. raised his gun to slioot him, but his cour- 
age failed in the murderous act, and he dropped his 
weapon. On liis way home Mr. Dow fell in company with 
Mr. Coleman. They conversed together until they arrived 
opposite Coleman's house. Here they separated ; one turned 
to go up to the house, the other continued in the road ; but 
in a moment Dow was startled by the snap of a gun. He 
turned round and beheld Coleman putting a fresh cap upon 
his gun, While the innocent man, with arms upraised to- 
wards heaven, implored mercy, Coleman deliberately lev- 
eled his piece and, witli a sure aim, fired. The whole dis- 
charge of slugs and buckshot entered Dow's breast and neck, 
and he fell backwards upon the ground — dead. 

The murderer fled to Westport, where, after consultation 



I 



1855.] BEGINNING OF THE WAKAllUSA WAIl. 215 

With his friends, in compliance with their suggestions, he 
proceeded to surrender himself up to Governor Shannon. 
But this official being absent, he threw himself into tlie cus- 
tody of S. J. Jones, This latter person had been appointed 
Sheriff ot Douglas County by the Territorial Legislature, 
although he lived in Westport and was acting postmaster 
there. He had the appearance of a gentleman, but in those 
<lays when Border respectability sunk to the depth of vil- 
lainy, he was the most consummate rogue. He faithfully 
served his party in contemptible meanness, for w^hich his 
name will ever stink in the annals of history. He was 
about thirty years of age, six feet high, of light com- 
plexion, and highly esteemed among his friends as a man of 
courage and energy. He was the acting postmaster at 
^Yestport wdien appointed Sheriff, which office he filled 
until the spring of 1857, He was soon after appointed col- 
lector at El Paso in ISTew^ Mexico, where he still resides. 

Although pro-slavery men were aware of the murder a 
few moments after it w^as committed, they refused an act of 
charity to the dead. The body laid by the roadside until 
dusk, before the friends of the deceased were aware of the 
disaster. 

The neighborhood in which the deed was committed was 
filled with excitement and iiidignation at the sad occur- 
rence. At the funeral, two days afterwards, it was agreed 
to hold a meeting on the following Monday, to investigate 
the circumstances relative to the recent outrage. This 
meeting convened at noon on the spot w'here Dow was 
killed. S. F. Tappan and S. N. Wood, of Lawrence, and 
Mr. Abbot, of the Wakarusa, were present. They ap- 
pointed a committee ''to ferret out and bring the murderers 
and accomplices to condign punishment." Resolutions ex- 
tending condolence to the friends of the deceased, and con- 
demning the outrage, were passed. About one hundred 
men were in attendance. A proposition was made to burn 
Coleman's house, only a few steps ofi', which was strongly 



216 HISTORY OF KANSAS TERRITORY. 

disapproved by the majority. Some one cried out, " All in 
favor of burning Coleman's house, form a line." Against 
this many remonstrated, and especially those from Law- 
rence. Abbott said, "Let us prevent them if they should 
try to do it." Only two made the attempt. They rushed 
up, burst open the door, and set the house on lire. S. j^. 
Wood and others hurried up and put the fire out. This 
gentleman then addressed the meeting, declaiming against 
such conduct, and moved a resolution in accordance with 
that sentiment. This house and one or two others were 
burned the next morning. Some of the pro-slavery fam- 
ilies, fearful that violence would be offered them, lied to 
Missouri. 

From the facts brought to light, it was believed that this 
murder was not prompted by anger or revenge, but pro- 
ceeded from the pro-slavery spirit to destroy and scare off' 
free state men. 

At the suggestion of Governor Shannon, Jones set out 
v.'ith the prisoner for Lecompton. On arriving at Frankhn 
he met with two of Coleman's neighbors. There he entered 
upon the execution of a deep plot concocted at Shawnee 
Mission, to involve the citizens of Lawrence in the Hick- 
ory Point difficulties, in such a way as to array them against 
the Territorial government. He induced one of Coleman's 
friends — Buckley — to go before Esquire Cameron — of re- 
cent appointment by the Board of Commissioners — and 
swear out a peace-warrant for the arrest of old man Bran- 
son. On the strength of this writ Jones summoned a posse 
of ten men, which was afterwards increased to about lorty, 
and proceeded to Hickory Point. Arriving at the residence 
of Jacob Branson at a late hour of the night, he and his 
posse forcibly burst open the door, and with pistols cocked, 
claimed the old man as their prisoner. " Don't you move, 
or I'll blow you through," said Jones. They took him out 
of the house, set him on a mule, and started in the direc- 



I 



1855.] BEGINNINa OF THE WAKARUSA WAR. 217 

tion of Lawrence. A young lad staying at Branson's gave 
the alarm to the neighbors. 

As Jones and his posse passed up the "Wakarusa, on liis 
way to Branson's, he was discovered ])y the free state men, 
who were returning from the meeting at Hickory Point. 
S. F. Tappan actually rode among them unawares, and 
learned from them their destination and object. He, 
thereupon, hurried back to warn his friends who were 
at Mr, Abbot's, about half a mile from Blanton's bridge. 
Messrs. S. jST. Wood and Abbot mounted their horses 
and hurried up to give Branson warning, but on arriv- 
ing there they found that the arrest had already been 
made, and learned the particulars of it. Turning to 
leave, Mrs. Branson inquired where they were going. "To 
save your husband or die," was the reply. They started in 
pursuit of Jones, but not being able to find any trail of him, 
they returned to Mr. Abbot's where they found several per- 
sons from Hickory Point. They numbered in all fifteen 
men, as follows : S. IST. Wood, J. B. Abbot, Paul Jones, 
Philip Hupp, Minor Hupp, Philip Hutchingson, T. ITichols, 
Jonathan Keney, Elanore Allen, Carlos Holloway, Rev. 
Julius Eliot, John Smith, Edward Carlos, Wm. Ears, A. 
Eowley. Only one of these was from Lawrence. They 
had eight Sharp's rifles and a few pistols. 

While deliberating upon the course to pursue, word was 
given that Jones and his troops were coming. The free 
state men immediately filed across the road. When the 
advancing party spied them they sought to shy around, but 
were prevented by the extending line of the intercepting 
force. Whereupon Jones shouted out : 

" What's up ?" 

S. i^. Wood—" That's what we should like to know." 

Abbot — " Is Mr. Branson there?" 

Branson — " Yes, I am here, a prisoner." 

"VVood — " If you want to be among your friends come 
over here." 



218 HISTORY OF KANSAS TERRITORY. 

Several to Brausou — " If you move we will shoot you." 

Hupp (a Hoosier) — "Shoot and be d — d." 

Wood — " Come on, let them shoot if they dare. Gentle- 
men," (addressing the posse) " shoot but one gun at Mr. 
Branson, and not a man of you will be left alive." 

Branson — " I will do as you say.'^ 

Company — " Come on, come on." 

Branson then crossed over to the rescuing party. 

"Wood (stepping forward and taking hold of the bridle) — 
" "Whose mule is this T' 

Branson — "It is theirs." 

Wood (turning the mule and hitting it a kick) — " Co 
back to your friends." 

Jones — "My name is Jones; I have a warrant to arrest 
old man Branson, and I must serve if.'' 

AVood — " We know of no Sheriff Jones in Kansas, nor in 
Douglas County, and v.diat is better, we never intend to 
know him. We know of a postmaster in Missouri named 
Jones." 

" Jones — " I have a warrant to arrest Branson, and r/insf 
do it:' 

W^ood — " If you 77iust arrest him, go at it. I am Bran- 
son's attorney ; if you have a warrant for him, let me see it." 

Jones — " I have one, but do not see proper to show it at 
present." 

After parleying thus for about an hour, the valiant SheriiF 
and his posse faced about and hastened, by a circuitous 
route, to Franklin. He left with threats that he would 
raise the Territorial militia to enforce the laws. During 
this altercation, six more persons joined the free state party, 
two of whom lived in Lawrence — S. F. Tapan and S. C. 
Smith. 

The rescue of Branson was violent and irregular, and can 
only be excused by the violent ajid irregular manner of his 
arrest. His neighbors, already excited and inflamed by the 
recent murder, were not prepared to brook the midnight as- 




-*''^/<^i.<^:*>' vii"^ 



"Rescue of Branson.'* 



1855.] BEGINNING OF THE WAKARUSA WAR. 219 

sault upon one of tlieir most peaceable and oldest citizens. 
To aggravate the offense still more, the Sheriff had never 
exhibited any authority by which the arrest was made, nor 
stated the cause of it. The excited and indignant farmers 
liurried to the rescue of one of their number, from what they 
imagined to be a ruffian mob. 

The rescued and rescuers passed on to Lawrence, where 
they aroused the citizens. The drum and fife rang out on 
tlie stillness of the night, and the awakened inmates of the 
httle city hastened to ascertain the cause of so unusual a dem- 
onstration. The squad of rescuers drew up before Dr. Rob- 
inson's house, and Mr. Branson stepped out and told the 
story of his wrongs. 

Early on the following day, a public meeting was held to 
counsel together upon the events that had just transpired, 
nnd the course to be pursued with reference to them. All 
knew and felt that the drama w^as not finished. By the 
more youthful and passionate it Avas at first resolved to re- 
sist every attempt at arrest by the Territorial authorities. 
But discretion and prudence prevailed over excitement and 
rashness. As Lawrence had nothing to do with the rescue 
or any of the late disturbances at Hickory Point, it was 
thought best that she should not assume the responsibihties 
of them. It was known that the Missourians were but 
too ready to find an excuse for an attack upon the town. 
From the threats that Jones had made to the rescuers, from 
the information derived from other sources and what they 
knew of the character of the Missourians, all felt that an 
invading horde would soon be upon them. 

It was finally decided that Lawrence should have nothing 
to do with the recent irregular proceedings ; that Branson 
and those connected with the rescue should leave the to^m. 
Thus every pretext for an attack upon the place was re- 
moved. It was thought proper, however, that some meas- 
ures of self-defense should be taken, and the following com- 
mittee of ten persons was appointed to provide for the pro- 



220 HISTORY OF KANSAS TERRITORY. 

tection of the town against armed aggression : G. P. Low- 
erj, chairman, G. W. Hutchingson, C. Robinson, G. W. 
Deitzler, C. W. Babcock, G. W. Brown, E. Morrow, J. Mil- 
ler, A. H. Mallory, J. S. Emery. It was tlie express under- 
standing that this committee was to provide, not for the 
purpose of aggression nor to shield any person from de- 
served punishment, but to protect the town against armed 
invaders then assembling around Lawrence. 

It was the design, it is thought, on the part of pro-slavery 
men to have taken Branson to Lawrence, where they ex- 
pected he would be rescued by the citizens, which would 
furnish a good pretext for its demolition. Long before this 
time the place had been threatened — in fact, from the first 
week that the pioneer emigrants pitched their tents 
upon the town site, border rufiians menaced it. There is 
no doubt that the arrest of Branson was a plot by which 
to involve the colonists in open conilict with the Territorial 
Government, or compel them to a recognition of the bogus 
laws. 

Sheriff Jones, somewhat thwarted in his design by the 
unexpected movement of the free state men, on returning to 
Franklin, in his wrath, sent a dispatch to Colonel Boone, of 
Westport, Missouri, at the same time remarking, " That 
man is taking my dispatch to Missouri, and by G — d I'll 
have revenge before I reach Missouri." In the course of an 
half hour he wrote a dispatch and sent it to the Governor, 
of which the following is a copy : 

"Douglas County, K. T., E'ov. 27, 1855. 

•' Sir : — Last night I, with a posse of ten men, arrested one 
Jacob Branson, by virtue of a peace warrant regularly issued, 
who, on our return, was rescued by a party of forty armed 
men, who rushed upon us suddenly from behind a house 
upon the roadside, all armed to the teeth with Sharp's rifles. 

" You may consider an open rebellion as having already 
commenced, and I call upon you for three thousand men to 



1855.] BEGINNING OF THE WAKARUSA WAR. 221 

carry out the laws. Mr. liargis, the bearer of this letter, 
will give you, more particularly, the circumstances. 

"Most respectfully, Samuel J. Jones, 

" Sherift' of Douglas County." , 
" To his excellency, William Shannon, Governor of Kansas 
Territory." 

Where Mr. Jones expected the Governor to procure three 
thousand men, does not appear from the letter. There was 
no organized militia in the Territory. The Shawnee Legis- 
lature had appointed three officers for the militia, but be- 
yond that there had been no militia organization effected. 
The Governor, on receiving the dispatch, sent the following 
to Mr. Richardson : 

" Headquarters Shawnee Mission, 
" K. T., Nov. 27, 1*855. 
"William P. Richardson, Major General: 

" Sir : — Relialile information has reached me that an 
armed military force is now in LawTence, or in that vicinity, 
in open rebellion against the laws of this Territory, and that 
they have determined that no process in the hands of the 
Sheriff of that county shall be executed. I have received a 
letter from S. J. Jones, the Sheriff of Douglas County, in- 
forming me that he had arrested a man under a peace war- 
rant placed in his hands, and while conveying him to Le- 
compton, he was met by an armed force of some forty 
men, who rescued the prisoner from his custody, and bid 
open defiance to the laws. I am also duly informed that a 
band of armed men have burned a number of houses, des- 
tro3'ed personal property, and turned whole families out of 
doors. This has occurred in Douglas County. Warrants 
will be issued against these men, and placed in the hands of 
Mr. Jones, the Sheriff of that county, for execution, who 
has written to me demanding three thousand men to aid 
him in preserving peace and carrying out the process of the 
law. 

" You are hereby ordered to collect together as large a 

force as you can in your division, and repair without delay 

to Lecompton, and report yourself to S. J. Jones, Sheriff of 

Douglas County. You will inform him of the number of 

26 



222 HISTORY OF KANSAS TERRITORY. 

men under your control, and render bim all the assistance 
in your power, should ho require your aid in the execution 
of any les^al process in his hands. The forces under your 
command" are to be used for the sole purpose of aiding the 
Sheriif in executing the law, and for none other. 

" I have the honor to be, your obedient servant, 

" AViLSON Shannon." 

A similar dispatch was sent to General Strickler at Te- 
cumseh. 

Meanwhile Colonel Boone had been busy rallying the 
Missourians. He issued an inflammatory appeal to the peo- 
ple, stating that not only had Branson been rescued from 
the hands of the Sherifi', but that pro-slavery men in tlie 
Territory were every-Avhere fleeing for their lives, and that 
their houses were burnt down and the inmates driven upon 
the open prairies. The excitement soon spread all over 
Western Missouri. The Blue Lodges were put into requi- 
sition. Men were called upon in every town and neighbor- 
hood to join a company and hurry to the assistance of their 
brethren in Kansas ; that the great battle was to be fought 
in which if they were defeated the cause would be lost. 
Those that could not go themselves were compelled to con- 
tribute towards defraying the expenses of those who volun- 
teered and would go. At Liberty, Missouri, two hundred 
men and one thousand dollars were raised in one day "to 
assist Jones." The following dispatch was sent out from 
Independence, signed by some of the leading citizens of the 
place : 

" Jones will not make a movement until there is a sufli- 
cient force in the field to insure success. We have not 
more than three hundred men in the Territory. You will, 
therefore, urge all who are interested in the matter to start 
immediately for the seat of war. There is no doubt in re- 
gard to having a light, and we all know that many have 
complained because they were disappointed heretofore in 
regard to a fight. iSay to them, now is the time to show 



f 



1855.] BEGINNING OF THE WAKARUSA WAR. 223 

game, and if we arc defeated this time, the Territory is lost 
to the South." 

The day after the occurrence, L. J. Eastin, Brigadier- 
General ot the 2d Brigade of the Kansas MiHtia, issued an 
order, caUing the militia of his brigade to meet on the first 
day of December at Leavenworth, " armed and equipped 
according to law, and to hold themselves in readiness, sub- 
ject to the order of Major-General "VV. P. Richardson.'" 
The following is the appeal as was printed upon the same 
hand-bills, which were ; circulated through the counties 
across the river in Missouri : 

" TO ARMS ! TO ARMS ! 

" It is expected that every lover of law and order will 
rally at Leavenworth, on Saturday, December 1st, 1855, 
])repared to march at once to the scene of rebellion, to put 
down the outlaws of Douglas County, who are committing 
depredations upon persons and property, burning down 
houses and declaring open hostility to the laws, and have 
forcibly rescued a prisoner from the Sheriff. Come one. 
come all ! The laws must be executed. The outlaws, it is 
said, are armed to the teeth, and number one thousand men. 
Every man should bring his rilie, ammunition, and it would 
be well to bring two or three days' provisions. Let the call 
be promptly obeyed. Every man to his post and do his 
duty. Many Citizens." 

In a few days Governor Slionnon issued the following 
proclamation, which was sent to various pro-slavery towns, 
but no others : 

" PROCLAMATION. 

''Whereas, Reliable information has been received that 
a numerous association of lawless men, armed with deadly 
weapons, and supplied with all the.implements of war, com- 
bined and confederated together for the avowed purpose of 
opposing, by force and violence, the execution of tlie laws 
of this Territory, did, at the county ^f Douglas, on or about 
the 2Gth of this month, make a violent assault upon the 



224 HISTORY OF KANSAS TERRITORY. 

Sheriif of said county, with deadly weapons, and did over- 
come said officer, and did rescue from his custody, by force 
and violence, a persoa arrested by virtue of a peace-warrant, 
and then and there a prisoner, holden by said Sheriff, and 
other scandalous outrages did commit in violation of law. 

"And Whereas, Also, information has been received that 
this confederate band of lawless men did, about the same 
time, set fire to and burn down a number of houses of peace- 
able and inoffensive citizens, and did destroy a considerable 
amount of personal property, and have repeatedly pro- 
claimed that they would regard no law of this Territory, 
resist by force of arms all officers, and those aiding and 
those assisting them in the execution of the laws, or any 
process issued in pursuance thereof; 

"And ^yIIEREAS, also I have received satisfactory informa- 
mation that this armed organization of lawless men have 
proclaimed their determination to attack the said Sheriff of 
Douglas County, and rescue from his custody a prisoner, for 
the avowed purpose of executing him without a judicial 
trial, and at the same time threatened the life of said Sherift', 
and other citizens. 

" jSTow, therefore, to the end that the authority of the laws 
may be maintained and those concerned in violating them 
brought to immediate and condign punishment; that the 
Sheriff of Douglas county may be protected from lawless 
violence in the execution of lawful w^arrants and other pro- 
cesses in his hands, I, Wilson Shannon, Governor of said 
Territory, have issued this, my proclamation, calling on all 
well disposed citizens of this Territory to rally to the sup- 
port of the laws of their country, and requiring and com- 
manding all officers, civil and military, and all other citizens 
of this Territory, w^ho shall be found within the vicinity of 
these outrages, to aid and assist, by all means in their power, 
in quelling this armed organization, and to assist the said 
Sheriff and his deputies in recapturing the above named 
prisoner, and aid and assist him in the execution of all 
legal processes in his hands. And I do further command 
that the District attorney for the district in which these out- 
rages took place, and all other persons concerned in the ad- 
ministration or execution of the laws, cause the above offend- 



1855.] BEGINNINCr OF THE WAKARUSA WAR. 225 

ers, and all such as aid or assist them, to be immediately 
arrested and proceeded with according to law. 
" Given under my hand and the seal of this Territory, this 
29th day of ISTovember, in the year of our Lord, eighteen 
hundred and fifty-five. 

" [L. S.] Wilson Shannon. 

"By the Governor. 

" D. Woodson, Secretary of the Territory." 

Secretary Woodson, understanding the pro-slavery plan 
to conquer Kansas better than the Governor, and desiring 
to serve the cause all he could, wrote to Senator Atchison 
as follows : 

" Dear General : — The Governor having called out the 
militia, this is to inform you to order out your division and 
anoi proceed forthwith to Lecompton. The Governor not 
having the power-, you can call out the Platte County rifle 
company, as our neighbors are always ready to help us. Do 
not implicate the Governor, whatever you do. 

"Daniel Woodson." 

It is doubtful whether the Secretary ever wrote this, but 
it was penned by somebody, sent to Platte City and read to 
a large public meeting, and it had the eftect to bring over 
the Platte County liiflemen, with their distinguished leader. 



226 HISTORY OF KANSAS TERRITOIIT. 



CHAPTER XXI. 



WAKARUSA WAR. 



The people of Missouri were not long in responding to 
tlie call of their fellow-citizen, Mr. Jones, for help. On the 
29th of Novemher, only two days after the word had been 
sent, a company of about fifty, from the neighborhood of 
Westport and Independence, arrived and encamped at 
Franklin, about four miles below Lawrence. These were 
the first reinforcements that came to the relief of the Sheriff". 
For several days from this time companies almost constantly 
arrived. In Clay County they seized the arms from the 
United States arsenal, rifies, swords, revolvers, three 
6-pounders, ammunitions, &c. For two or three counties 
back from the western line of Missouri, troops were sent 
fully equipped and expecting a fight. In three days more 
the Sheriff of Douglas County mustered a posse of about 
fifteen hundred men. Said Governor Shannon, "Missouri 
sent not only her young men, but her gray-headed citizens 
were there. The man of seventy winters stood shoulder to 
shoulder with the youth of sixteen. There were volun- 
teers in that camp who brought with them not only their 
sons, but their grandsons, to join, if need be, in the expected 
fray. Every hour added to the excitement, and brought 
new fuel to the fiame." / 

The main ibrco was encamped near Franklin, in the 
Wakarnsa bottom, and was' known as the " Wakarusa En- 



1855.] WAKARUSA WAR. 227 

campment." The other wing of the army Avas in position 
near Lecompton, under the joint command of Strickler and 
Ixichardson. These forces were chiefly from Platte and 
Buchanan Counties, Missouri. There were ahout fifty pro- 
slavery residents among them, priaicipally Kickapoo iiana'ers. 
At no time in all the encampments of the invading forces 
were there more than eighty residents of the Territory. 
Opposite Lawrence, on the north side of the Kansas River, 
some two hundred riflemen from Platte County were sta- 
tioned, under the command of Hon. D, R. Atchison, who 
had come in response to Secretary Woodson's call. 

The object of the pro-slavery Generals in thus surround- 
ing the town was to prevent the escape of those for whom 
the Sheriff had writs to arrest, and to cut off all communi- 
cation with the beleagued city. The intervening country 
between the encampments, was constantly scoured by 
monnted patrols. 

The editors of the " Squatter Sovereign" both entered 
upon the crusade and left their press idle. Here are their 
words when on the eve of the expedition : 

" In view of the exciting state of affairs, the Governor of 
Kansas has called out the Militia to execute the laws. Men 
are hourly passing our ofhce with their guns on their back, 
going to the assistance of the officers of the law. A large 
company with two pieces of artillery have started from 
Atchison county. As both of the editors of this paper are 
going to the seat of war, we have no time to enter further 
particulars. We anticipate blood-shed, and loc, the junior, 
expect to v)ade ivaist deep in the blood of the abolitionists J' 

Meanwhile active prejmratious were going on at Law- 
rence for the reception of the armed host. The rescuers 
who lived at Hickory Point had returned home. Messrs. 
S. :N". Wood, S. F. Tappan and S. C. Smith, all of whom 
lived at Lawrence, and who were connected with the rescue, 
and Branson, remained. When it was ascertained that a 
farce was gathering on the Wakarusa, in order not to jeop- 



228 HISTORY OF KANSAS TERRITORY. 

ardize the safety of the town for their protection, all those 
concerned in the rescue, who lived at Lawrence, were re- 
quested to leave. This was evidently a very prudent and 
judicious measure, as Lavv^ence had taken no part in the 
rescue, and was in no way responsible for it; besides it 
would leave an attack upon the town wholly unjustifiable. 

The Committee of Safety first organized the citizens into 
guards, from fifteen to twenty in a squad, by enrolling them 
and taking the places of their residence, in order to call 
them out at any moment. B}^ this measure the people were 
enabled to pursue their daily engagements, and be ready to 
fly to arms at a given signal. 

The Committee of Safety, as affairs grew more threat- 
ening, sent the following call for assistance through the 
Territory : 

" Fellow-Citizens : — "We, whose names are annexed 
hereto, having been appointed a Committee of Public Safety 
by the citizeus of Kansas, assembled at Lawrence, for the 
purpose of defending it from threatened invasion by armed 
men now quartered in its vicinity, hereby deem it necessary 
to call upon you to come to our aid fully prepared for any 
emergency. [Signed,] Committee op Safety. 

"Lawrence, K. T., December 4, 1855." 

The news of the invasion and the designs of the Missou- 
rians to destroy Lawrence, spread over the country, and 
free state men from every quarter, rushed to the assistance 
of the threatened people. They came in squads and com- 
panies; the one from Topeka, numbering one hundred men, 
w^as the largest. On the 2d of December, a delegation from 
Leavenworth arrived, to expostulate with the citizens and 
to council peace. But they found that they had entirely 
misapprehended the position of the assailed — that they were 
strictly on the defensive. This delegation brought the Gov- 
ernor's proclamation, and fuller accounts of the gathering 
forces from Missouri. The proclamation, which was filled 
with gross misrepresentations and misstatements, awakened 



1855.] WAKARUSA WAR. 229 

deep indignation. A committee was appointed to answer 
it, in behalf of the people, which reported as follows : 

"That the allegations contained in the proclamation 
aforesaid are false in whole and in part ; that no such a state 
of facts exist in this community ; that if such representa- 
tions were ever made to Governor Shannon, the person or 
persons who made them have grossly deceived him ; that 
no association of lawless men armed with deadly weapons 
has been formed, in this community for the purpose ot re- 
straining the laws of the country, trampling upon the au- 
thority of its officers, destroying the property of its peace- 
able citizens, or moleeting any person in this Territory, or 
elsewhere in the enjoyment of their rights." 

The Executive of the United States was invoked to lend 
protection by the following dispatch : 

" To his Excellency, the President of the United States: 

" Sir : — We, the citizens of Kansas Territory, notify you 
that the city of Lawrence is besieged by armed men from a 
neighboriug State, committing depredations upon the un- 
ofl'ending citizens of said Territory, stopping and arresting 
persons, and seizing the property of travelers, threatening 
the destruction of said city and its inhabitants. The law- 
less assemblage, it is claimed, is here under the authority of 
Wilson Shannon, Governor of said Territory. We trust 
you will take such steps as will remove this armed horde 
from our borders, and restore peace to our people. 

" Marcus J. Parrott, 
"J. H. Lane, 

" J. S. ExMERY. 

"Laavrence, December 4, 1855." 

The following letter was sent to Colonel Sumner at Fort 
Leavenworth, signed by the Committee of Safety : 

"Sir: We, the Committee of Public Safety, appointed 

by the citizens of Kansas Territory, assembled at Lawrence, 

being beleagued by a body of armed who have niarclicd 

here from a neighboring State, and who are threatening the 

27 



230 IIISTOIIY OF KANSAS TERRITORY. 

town of Luvv'rence witli destruction, nnd our citizens with 
immediate death, as well as committing all manner of dep- 
redations upon iiuofFending travelers on the highway, all 
of which is heing done without our being able 'to under- 
stand the cause of provocation, therefore, if consistent with 
your discretion and duty, we request of you a sufficien.t 
force from your command to quell this riot, and prevent 
further invasion of our peace and safety.'' 

The following memorial was prepared and sent to Con- 
gress : 

'* To the Honorable the United States Senate and House of 
Rejjresentativcs in Congress assembled: Your memorialists, 
citizens of the United States, and residents of Kansas Ter- 
ritory, respectfully represent unto your Honorable body, 
that, without any justifiable cause whatever, Governor 
Shannon has caused to be issued a proclamation, and under 
it military orders have been issued, calling upon the militia 
of Kansas and Missouri to meet at certain points within the 
Territory, armed and equipped, and to march against cer- 
tain portions of our people and territory. Copies of such 
proclamation, military orders, and a letter from Daniel 
Woodson, Secretary of the Territory, to Lucien J. Eastin, 
editor of the ' Kansas Herald,' are herewith inclosed, from 
which it will be seen that your memorialists are exposed to 
the authorized march of a military force from Missouri, 
who are arresting our citizens, and committing depredations 
on persons and property, only known in cases of war be- 
tween hostile countries. Devoted, as we are, to the Consti- 
tion and the Union, and estimating neither as secondary to 
slavery, we earnestly invoke the interposition of Congress 
so far as to send for persons and papers to substantiate the 
truth of our statements herewith inclosed. 

[Signed by a very large number of the citizens of Kansas.] 

'' Kansas Territory, l)ec. 5, 1855." 

Meantime Lawrence was put in an attitude of self-defense. 
The Committee of Public Safety appointed Dr. Charles 
Robinson commander-in-chief of all the forces, and Colonel 
J. H. Lane second in command. The following are the com- 
panies under their different commanders: Lawrence Stubbs, 



1855.] WAKARITSA WAK. 281 

Lyman Allen; Blooniington, tSaniuel AV^alker; Wakarusa. 
Abbott ; Ottow'a Creek, Shore ; Palmyra, McWhenny ; Pot- 
towattomie, John Brown, who came with his four sons, 
arms and ammunition. Many citizens came in not belong- 
ing to any company, until the forces numbered about 1,000 
men, 800 of whom were enrolled and under drill. 

Every house was tilled with soldiers. The Free State 
Hotel was used for barracks, in which several hundred men 
were quartered and fed. This large body of men were pro- 
visioned by the voluntary contributions of the citizens. 

General Lane superintended throwing up the fortifica- 
tions and gave directions for their construction. The first 
and largest redoubt was erected on Massachusetts Street, 
near the crossing of Pinckney Street. It was circular, made 
of hewed timber, against which was thrown up a strong 
earth embankment with a deep entrenchment surrounding 
it, and was al)out five feet high, and four feet wide on top. 
This fortification was under the command of Judge G. W. 
Smith, who held the rank of Colonel for the defense of 
Lawrence. It was designed as a retreat for women and 
children in case of an attack. 

The second redoubt was on Massachusetts Street, uear 
Henry, under the direction of J. A. Wakefield, who held a 
commission of Colonel for the defense of Lawrence. "This 
liad bastions, and it was the design to have planted the cannon 
here, it having a good range of the open prairie in every 
direction. 

The third VN-as a circular redoubt erected on an elevation 
a little north of Henry Street, between Massachusetts and 
iSTew Hampshire Streets, under the direction of Colonel 
Morris Hunt. The fourth was also a circular earth redoubt 
erected under the superintendence ot Colonel C. Iv. Ilolli- 
day, a few rods south of Port Wakefield, with the view of 
meeting an attack from Mt. Oread, should one be made, 
which was within the range of Sharp's rifles. The fifth was 



232 HISTORY OF KANSAS TERRITORY. 

on ETciituekj Street, commanding an entrance trom a ravine 
on the west. 

Lawrence was thus suddenly changed into a military en- 
cain|)nient iilied with armed soldiers, and surrounded by 
fortitieatious. A brass cannon was procured from Kansas 
City in disguise by Mr. BufFum. Mrs. S. xs". Wood and 
Mrs. G. AV. Brown conveyed into town a quantity of 
ammunition from the country through the enemy's 
lines under crinoline cover. Man}^ of the ladies were en- 
gaged in making cartridges while the men watched and 
drilled. 

Free access was had to the city at nil times and by all 
persons. The leaders of the invading forces would fre- 
quently come in and reconnoitre without being disturbed. 
Sherilf Jones, when in town once, was asked what he w^as 
going to do with the troops on the Wakarusa ; to which he 
replied, "I'll show you when I get ready." He made no 
attempts to arrest any person. IS. N. Wood went up and 
shook hands with him one day and. invited, him home to 
dine. 

The pro- slavery men, learning of the determined spirit and 
strength of the free state men, feared to make an attack. 
Brigadier-General Eastin wrote, therefore, to Governor 
Shannon as follows : 

" Governor Shannon : 

" Information has been received here direct from Law- 
rence, which I consider reliable, that the outlaws are well 
fortified at Lawrence with cannon and Sharp's rifles, and 
number at least one thousand men. It will, therefore, be 
difficult to dispossess them. 

" The militia in this portion of the State are entirely un- 
organized, and mostly without arms. 

" I suggest the propriety of calling upon the military at 
Fort Leavenworth. If you have the power to call out the 
Government troops, X think it would be best to do so at 
once. It might overawe these outlaws and prevent blood- 
shed. T. J. Eastin, 

" Brig.-Geu. Northern Brigade K. M." 



1855.] WAKARUSA WAR. 233 

The Governor at once telegraphed to Washington, repre- 
senting to tlie President the recent difficulties in the Terri- 
tory, and soliciting authority to call to his relief the United 
States troops. He also sent a dispatch to Colonel Sumner 
at Fort Leavenworth to hold himself and command in 
readiness in case the orders should be received, to which he 
obtained the following judicious reply: 

" Headquarters First Cavalry, |_ 
Fort Leavenworth, December 1, 1865. j 

" Governor : 

" I have just received 3^our letter of this day. I do not 
feel that it would be right in me to act in this important 
matter until orders are received from the Government. I 
shall be ready to move instantly v/hen I receive them. I 
would respectfully suggest that you make your application 
extensively known at once, and I would countermand any 
orders that may have been given for the movement of the 
militia until you receive the answer. I write this in haste. 
" With much respect, your obedient servant, 

"E. V. Sumner, 
" Colonel First Cavalry." 

The Governor immediately adopted the suggestions of 
Colonel Sumner, and sent letters to Sheriff Jones and Gen- 
eral liichardson to that effect. As both letters were in sub- 
stance the same, only the one to Jones is here given : 

" Executive Mansion, 1 
Shawnee Mission, K. T., Dec. 2d, 1855. f 

" Sir: I am in receipt of Colonel Sumner's reply to my 
dispatch, in which he informs me that he will be ready at a 
moment's warning to move with his w^iole force, if desired, 
on tlie arrival of his orders from Washington. My tele- 
graphic dispatch to the President must have reached its 
destination by this time, and an answer should soon come to 
hand. I have no doubt but that the authority I have re- 
quested — to call upon the LTnited States troops — will be 
granted. Under these circumstances you will wait until 
I obtain the desired orders, before attempting to execute 



234 HISTORY OF KANSAS TERRITORY. 

your writs. This will save any effusion of blood, and may 
have a moral influence hereafter, which would prevent any 
further resistance to law ; for Avhen these lawless men find 
that the forces of the ITnited States can be used to preserve 
order, they will not be so ready to adopt an opposite course. 
And, if necessary, steps will be taken to station an adequate 
number in the disturbed district to protect the people 
against mob violence, and to secure the fulfillment of the 
laws. 

" You will retain a sufficient force to protect yourself and 
guard your prisoner. Any thing beyond this liad better re- 
main at a distance, until it can be ascertained whether their 
aid will or will not be needed. The known deficiency in 
arms, and all the accoutrements of war, which must neces- 
sarily characterize the law-abiding citizens who have rushed 
to your assistance in the maintenance of order, will invite 
resistance from 3^our opponents, who are well supplied with 
arms. It would be wrong, therefore, to place your men in 
a position where their lives would be endangered, when we 
shall, in all probability, have an ample force from Leaven- 
worth in a few days. 

"Show this letter to ^lajor-General Richardson, and also 
to General Eastin, who, as I am advised, have gone to your 
aid.- Their destination is Lecompton, but they will join 
you wherever you are. Their forces are but small, and may 
be required for your protection until advices are received 
from Washington. 

I send you, with this, a communication to General Kich- 
ardson, which you will please deliver to him at as early a 
day as practicable. As I refer him to this my letter to you, 
for my views, you will permit him to read it. Let me know 
what number of warrants you have, and the names of the 
defendants. I shall probably accompany Colonel Sumner's 
command. 

'•' Yours, with great respect, 

" Wilson Shannon. 
" Sheriff Jones, Lecompton," 

The Sheriff did not like the idea of the United States 
troops interposing, and thus spoiling the plot he had laid 
for the destruction of Lawrence. He, therefore, replied to 
the Governor as follows : 



1855.] WAKARUSA WAR. 235 

" Camp at Wakarusa, December 3, 1867. 
"■ Jlis LKCccUency, Governor Wilson Shannon: 

-'Sir : — In reply to your communication of yesterday I 
liave to inform you that tlie volunteer forces now at this 
place and at Lecompton, are getting -weary of inaction. 
They will not, I presume, remain but a short time longer, 
unless a demand for the prisoner is made. I think that I 
shall have a sufficient force to protect me by to-morrow 
morning. The force at Lawrence is not half so strong as 
reported, I have this from a reliable source. If I am to 
wait for Government troops, more than two-thirds of the 
men now here will go away very much dissatisfied. They 
are leaving hourly as it is. I do not, by any means, wish 
to violate your orders, but I really believe that if I have a 
sufficient force, it would be better to make the demand. 

" It is reported that the people of Lawrence have run off 
those oftenders from that town, and, indeed, it is said they 
are now all out of the way. I have writs for sixteen per- 
sons, who were with the party that rescued my prisoner. 
S. iT. Wood, P. R. Brooks and Samuel Tappan are of Law- 
rence, the balance from the country around. Warrants will 
be placed in my hands to-day for the arrest of G. W, Brown, 
and probably others in Lecompton. They say that they 
are willing to obey the laws, but no confidence can be placed 
in any statement they may make. 

" ISTo evidence sufficient to cause a warrant to be issued has 
as yet been brought against those lawless men who fired 
the houses. 

" I would give you the names of the defendants, but the 
Avrits are in my office at Lecompton. 

" Most respectfully yours, 

"■ Samuel J. Jones. 
" Sheriff of Douglas County." 

General Richardson replied to the Governor, urging that 
the people of Lawrence should be made give up their arms, 
lie began to feel that their shadowy pretext was not suffi- 
cient for assailing and destroying the town, or else he was 
afraid to undertake it while the free state men had arms in 
their hands. He knew very well that this demand would 
be resisted, and that if complied with the free state men 



236 HISTORY OF KANSAS TERRITORV. 

would be left at the merc}^ of the Border Euffians. He 
earnestly solicited authority to make this demand as the 
only effective mode to compel obedience to the laws. 

Governor Shannon having received, in reply to his, a dis- 
patch from the President, assuring him that authority 
should be sent to use the United States troops in the en- 
forcement of the laws, as soon as the orders could be made 
out and transmitted from the War Department, communi- 
cated this intelligence to Colonel Sumner, and requested his 
assistance on the strength of it. Colonel Sumner at first 
agreed to march with his troops to the assistance of the 
Governor, but upon more mature reflection, declined to move 
until his orders from Washington should arrive. 

About this time the chief men of Lawrence resolved to 
open communications with Governor Shannon. Accord- 
ingly a letter was written, of which the following is a copy : 

" To His Excellency, "Wilson Shannon, Governor r>f Kansas 
Territory : 

" Sir: As citizens of Kansas Territory, we desire to call 
your attention to the fact that a large force of armed men 
from a foreign State have assembled in the vicinity of Law- 
rence, are now committing depredations upon our citizens, 
stC'pping wagons, opening and appropriating their loading, 
arresting, detaining and threatening travellers upon the 
public road, and that they claim to do this by your author- 
ity. We desire to know if they do appear here by your 
authority, and if you will secure the peace and quiet of the 
community by ordering their Instant removal, or compel us 
to resort to some other means and to higher authority." 

Signed by Committee. . 

Messrs. G. P. Lowery and^C. W. Babcock were selected to 
bear this letter to the Governor, and to make further ver- 
bal statements. On the fifth of December they set out for 
Shawnee Mission, where after repeated interruptions by the 
Missouri guards, they safely arrived, and obtained an inter- 
view with his Excellency. They explained to him that the 



1855.] WAKARUSA WAR. 237 

Territorial UnA's had nothing to do with the excitement and 
dangers threatening Lawrence ; that they were getting 
ready at that phxce to fight for their lives, and the only 
question was whether he would be the particeps criminis to 
their murder, or the murder of somebody else, should they 
all be slaughtered. They explained to him that the rescue, 
upon which he based his proclamation, took place a num- 
ber of miles from Lawrence ; that there were but three per- 
sons living in Lawrence who were alleged to have had any 
thing to do with it, and that these had left the town and 
v.'ere not there at all; that from what they could judge of 
the intentions of the force on the Wakarusa, at Lecompton 
and in the country about, from their own declarations, they 
intended to destroy the town for a thing in which its peo- 
ple had had no part or parcel. 

The Governor at first declared that the people of 
Lawrence had burned sixteen houses of pro-slavery men 
and driven their families from the country; to which 
it was replied that the two or three houses which had been 
burnt were ten miles from Lawrence, ana those of its citi- 
zens engaged in the rescue were in town at the time these 
were burnt ; that the pro-slavery men with their families 
had left these houses of their own accord before the burn- 
ing of them occurred, and that they very probably set 
them on fire themselves. The Governor then refer- 
ferred to the many resolutions and threats that free state 
men had made at their conventions that they would not 
obey the Territorial laws, and would resist them; to which 
it was replied that they had never resolved to resist them 
until all peaceable measures should fail to enable them to 
throw ofl:" the yoke of oppression. 

The Governor, from the misrepresentations sent him, and 
the want of acquaintance with the people of Lawrence, and 
free state men generall}^, which he had never sought to ac- 
quire, had misapprehended the condition of things in and 
about this town. He was surrounded, too, by evil advisers 
28 



238 HISTORY OF KANSAS TERRITORY. 

who coveted the destruction of Lawrence, and with charac- 
teristic failing, gave way to the influence ahout him. Let 
not posterity judge his conduct too harshly. He was evi- 
dently in favor of making Kansas a slave State, and was 
disposed to favor pro-slavery men. But he, hy no means, 
desired to destroy or injure free state men. There was 
nothing blood thirsty about him, and his soul recoiled with 
liorror at the idea of a deadly collision between the parties 
at Lawrence. From what he had been recently informed, 
he saw that an assault upon the town would be totally un- 
called for ; and, as he sa3^s, " aifairs in Lawrence and vicinity 
were fast coming to a crisis" — he felt that the moment for 
him to act understandingly, and to avoid bloodshed, had ar- 
arrived. He, therefore, '' determined to repair to the scene 
of difficulties immediately, in person." 

The Governor, on arriving at the Wakarusa camp, was 
convinced more than ever, from what he beheld, that some- 
thing must be done quickly in order to prevent an effusion 
of blood. He found the Missourians there, sure enough, in 
multitudes, from youth to old age. He found, too, that 
'' those men came to the Wakarusa camp to tight ; they did 
not ask peace ; it was war — war to the knife. They would 
come ; it was impossible to prevent them." He " found a 
disposition, which appeared to be almost universal, to attack 
Lawrence." He resolved upon his course and entered upon 
the praiseworth}', yet thankless, part of a mediator. 

He called together in conference thirty or forty of the 
leading men from both pro-slavery camps, and laid before 
them the plan which he wished them to pursue. He only 
iound one person who would accede to it. The most of 
them " would hear of nothing less than the destruction of 
Lawrence and its fortifications, the demolition of its print- 
ing presses, and the unconditional surrender of the arms of 
its citizens; others, more moderate, expressed a Avillingness 
to be satisfied if the free state party would give up their 
Sharp's rifles and revolvers. Under these circumstances the 



1855.] WAKARUSA ^VAR, 239 

conference broke uj) at midnight, having accomplished 
iiotliing beyond tlie interchange of opinions on either side." 
The Governor discovered a fixed pnrpose on the part oi" 
j)i-o-slavery men to attack the town, and in order to avert 
such a sad calamity, he resolved to make another attempt 
to secm'e the inmiediate interposition of the United States 
forces. He, therefore, wrote the following letter : 

" Wakarusa, December 6th, 1855. 
•' Colonel Sumner, First Cavalry TJ. S. : 

" Sir: I send you this special dispatch to ask you to come 
to Lawrence as soon as you possibly can. My object is to 
secure the citizens of that place, as well as others, from a 
warfare which, if once commenced, there is no telling where 
it will end. I doubt not that you have received orders from 
Washington, but if you have not the absolute pressure of 
this crisis is such as to justify you with the President, and 
the world, in moving with your force to the scene of difli- 
culties. 

" It is hard to restrain the men liere {they are beyond my 
power, or at least soon will be) from making an attack upon 
Lawrence, Avhich, if once made, there is no telling where it 
may terminate. The presence of a portion of the United 
States troops at Lawrence would prevent an attack — save 
bloodshed, and enable us to get matters arranged in a satis- 
factory way, and at the same time secure an execution of 
the laws. It is ■peace, not roar, that roe want, and you have 
the power to secure peace. Time is precious — fear not that 
you Avill l)e sustained. 

" With great respect, 

" A7iLS0N Shannon." 

How different the language of this letter to the one pre- 
viously sent to the same commander. It was then to oper- 
ate against Lawrence that he wanted troops ; it was now to 
protect it from the frenzy of a mob. It was then war, but 
now peace, wliich was wanted to preserve law and order. 

The Missourians, informed of this step taken by the Gov- 
ernor, determined to intercept the dispatch at Kaw River 
Crossing. Their object in doing this was '*• to prevent tlie 



240 . HISTORY OF KANSAS TERRITORY. 

arrival of the United States troops, who, they feared, would 
restrain them from attacking Lawrence. By gaining time 
they expected to make the assault before any force could 
be brought to mediate between the conflicting parties." 
The Governor, informed of the plot by General Strickler, 
dispatched a courier at 2 o'clock A. M. by an unusual 
route, who safely conveyed the letter to Colonel Sumner. 

The Colonel replied that he regretted extremely that 
he was compelled to disappoint Mr. Shannon ; that 
the more he reflected upon the matter the more 
he was of the opinion he should not interpose with- 
out orders; that he stood ready to march by night or 
by day when these should arrive. He suggested that the 
pro-slaver}^ men might be induced to pause a short time ])y 
being told that orders were momentarily expected from the 
General Government, and that " there was little doubt but 
that these orders framed from an enlarged view of the 
the whole difficulty, would give general satisfaction, and set- 
tle the matter honorably to both parties." 

The following letter to General Eichardson, from J. C. 
Anderson, member of the bogus Legislature, will show the 
determination and desperation of the forces encompassing 
Lawrence : 

" Major General "William P. Eichardson : 

^'SiR : — I have reasons to believe, from rumors in cam]^ 
that before to-morrow morning the black flag will be hoisted, 
when nine out often will rally around it, and march with- 
out orders upon Lawrence. The forces at Lecompton camp 
fully understand the plot, and will fight under the same 
banner. 

" If Governor Shannon will pledge himself not to allow 
any United States officer to interfere with the arms belong- 
ing to the United States now in their possession, and, in 
case there is no battle, order the United States forces off at 
once, and retain the militia, pro%nded any force is retained, 



1855.1 WAKARUSA WAR. 241 

all will be well, and all will obey to the end, and commit no 
depredation upon private property in Lawrence. 

"I fear a collision between the United States soldiers and 
the volunteers, which would be dreadful. 

" Speedy measures should be taken. Let me know at 
once — to-night — and I fear that it loill then he too late to stay the 
rashness of our peoijlc. 

" Respectfully, your obedient servant, 

" J. C. Anderson." 

On the 6tli of December, Gen. S. C. Pomeroy was dis- 
patched to carry important messages to the States, and to 
solicit aid and protection for the free state men in Kansas. 
His departure was immediately made known in the camp at 
Franklin, and a party sent to intercept him. When he had 
nearly reached the Quaker Mission, they overtook him, and 
asked him, "Where are you going?" "To our Mission," 
was the reply. Gen. Pomeroy represented himself as Rev. 
Moses Brown, a Baptist clergyman, collecting funds for the 
Indian Mission. He asks, "Will you arrest a clergyman 
traveling in the Territory to propagate the Gospel ?" The 
party was about to let him go, thinking that they were mis- 
taken, when a little Irishman spoke : " Be the powers of 
mud. Mister Brown, it's myself thinks ye'r old Pomr'y, but 
ave you ain't the same we'll take you to the camp on the 
Wakarusa Creek, and make you chaplain, for a divil a set 
of spalpeens wants a chaplain worse than the b'hoys." They 
accordingly took him over to the encampment, where, after 
some suffering, his condition was relieved by General Atch- 
ison. His dispatches were all taken, and afterwards pub- 
lished in the pro-slavery papers. 

The chiefs of the Delawares and Shawnees about this 
time came into Lawrence, and proffered the assistance of 
their warriors to the Committee of Safety. They were 
kindly thanked for their offer, but it was declined until it 
should be known that the Missourians had employed simi- 



242 HISTORY OF KANSAS TERRITORY. 

lar forces. George AV. Clark, however, did bring a com- 
pany of Pottowatomies to the Border Eiitfian camp at Le- 
compton. On their way thither, as they passed througii 
Topeka, they declared that they would return with an abo- 
lition scalp on each shoulder. 



1855.] THI MISUNDERSTANDING. 243 



CHAPTER XXII. 

THE MISUNDERSTANDING. 

At tliis point in the history of this war a most tragic and 
pad event occurred. The blood of Dow had aroused the 
God of War, and it required that of another from the pure 
and innocent to appease him. 

Thomas W, Barber lived on a farm about seven miles 
fouth-west of Lawrence. He was a sober-minded, honest, 
industrious and peaceable man. He was beloved by all his 
neighbors and all his friends, being one of such gentle and 
(juiet disposition as to call forth the esteem and affection 
of all who mingled with him. He was a lover and an ad- 
mirer of stock, and was enthusiastically devoted to farming. 

He had no family but a tender and loving wife, who had 
always been attached to him with the fondness of a girlish 
love and the strength of matured affection. In him seemed 
to center her pleasure and sunshine, with whom no society 
was so pleasant, from whom no separation was so miserable. 
^VTien his absence from home was protracted, she would 
grow anxious about bis safety, and would watch his return 
with constant solicitude. W^hen he returned, she would 
greet him as though a year had elapsed since they were to- 
gether. 

When Lawrence was invested with armed bauds, Barber 
determined to go to its assistance. His wife seemed to have 
a presentment that harm would befall him should he go, 
and hence earnestly insisted on his staying at home. But 



244 HISTORY OF KANSAS TERRITORY. 

be was a firm free state maiij and could not bear the idea of 
remaining away when his friends stood so much in need of 
help. He finally prevailed in securing her consent, and on 
starting, while clinging endearingly to him, she exclaimed, 
" Oh, Thomas, if you should get shot I would be all alone 
indeed : remember I have no child, nothing in the wide 
world to fill your place." 

He hurried to the rescue of his friends of Lawrence, 
where, remaining for a few days, he concluded to return to 
visit his home. On starting back he bid the bo3's " good 
bye," saying that he ^' would be back in the morning." Ac- 
companied by his brother Robert, and Mr. Thomas M. Pier- 
son, he set out for home, himself unarmed. 

The open country south and south-west of Lawrence 
was constantly scoured by mounted patrols at that 
time, who would stop and search every party that 
sought to pass over it. When, therefore, the Barbers and 
company had traveled out on the California road about 
four miles from town, just as they were in the act of turn- 
ing ofi" to the left to proceed more directly to their homes, 
they perceived some fourteen horsemen approaching the 
trail from the right. Two of this number suddenly spurred 
up their horses and rapidly approached the higllwa3^ By 
taking a more direct route, and traveling faster, they came 
in ahead of the Barbers, on the by-road leading to their 
homes. When they had approached within a few yards of 
each other, one of the assailants demanded : 

" Where are you going?" 

Thomas W. Barber — " We are going home." 

Assailant — " Where are you from ?" 

Barber — " We are from Lawrence." 

Assailant — " What is going on in Lawrence?" 

Barber — "l^othiug in particular," 

Assailant — " Kothing in particular, hey ? We have or- 
ders from the Governor to seethe laws executed in Kansas." 

Barber — " We have disobeyed no laws." 



1855.] THE MISUNDERSTANDING. 245 

Assailant, (pointing towards his party) — " Then turn and 
ii^o with us." 

Barber — "We won't do it." 

Assailant, (spurring up his horse) — " You won't hey ?" 

The latter tBen drew his pistol and discharged it at Bar- 
ber. At the same time the other assailant fired a shot. 
Robert Barber drew his revolver and fired three times with- 
out eftect. The assailants then passed a few words between 
each other, wheeled their horses and rode awa3^ The main 
body of the horsemen were in full sight during the aftray, 
about four hundred yards oft", standing as spectators. 
Thomas W. Barber then turned to his two comrades, say- 
ing, " Boys, let us be oftV The three started at full gallop 
towards their homes. After riding about one hundred 
yards, Thomas said to his brother, " That fellow shot me," 
and smiled. His brother asked, " Where are you shot?" 
With a melancholy smile upon face, he pressed his hand 
upon his right side. His brother then remarked with much 
feeling, " It is not possible, Thomas." To which he replied 
with a sickly smile, " It is." After uttering these words he 
dropped the reins and reeled in the saddle. His brother 
caught him and steadied him for nearly a hundred yards, 
and then eased him upon the ground. Halting the horses, 
he dismounted and bent over the fallen body of his brother. 
He felt his pulse, but, alas, it was still — Thomas was dead. 
AVhile Robert and Pierson were consulting by the fallen 
brother, they perceived the main body of horsemen, who 
had been standing at a distance, advancing. Fearing that 
they would meet the same fate, they mounted their horses 
and galloped on. 

George W. Clark, the agent of the Pottowottomie Indi- 
ans, and Mr. Burns, a merchant of Weston, were the assail- 
ants. Both claimed the honor of killing Barber, but it has 
generally been awarded to the former. The writer, how- 
ever, was informed by a most respectable member of the 

pro-slavery party that, in his opinion, Burns committed the 
29 



246 HISTORY OF KANSAS TEllRITORY. 

iiihumiin act. Be this as it niaj, both were equally guilty 
in the distinguished drama. 

This pro-slavery patrol was made up of prominent 
Territorial officials. Such as Brigadier-General AV. V. 
Richardson, Judge Cato, General G. W. Clark, Indian 
agent, Judge "Wood, one member of the Legislature, 
etc. They were spectators to the whole affray, rode up and 
beheld the body of murdered Barber, then passed on to 
confer with Governor Shannon about requiring free state 
men to give up their arms. 

Intelligence was soon communicated to Law^rence, and a 
carriage was dispatched to l)ring in the body. The wife 
knew" nothing of the sad transaction, until the following 
day, wdien a conveyance was sent to bring her to town. 
Upon arriving at the house where Mrs. Barber lived, the 
driver unthoughtedly shouted • out, " Thomas Barber is 
killed." The tidings fell upon the listening ears of the 
widows She, rushing to the door, with a w'ild air cried, 
" Oh ! God ! w^hat do I hear ?" and shrieked in frantic 
agony. She was immediately taken to Law'rence in a car- 
riage. While on the road she was with difficult}'^ confined 
to her seat, wdiile she rent the air with her heart-broken 
w^ails and lamentations. Reaching the hotel at Lawa^ence, 
entering the room wdiere the cold, stiff form of her husband 
lay, and Ijending over it, she exclaimed, " They have left 
me, a poor forsaken creature, to mourn all my days. Oh, 
my husband ! They have taken from me all that I held 
dear — one whom I loved better than I loved my own life." 

Efforts had been made to conceal the knowledge of Bar- 
ber's death from the soldiers, but the sobs and shrieks of the 
heart-stricken woman soon revealed the fact. The young 
men, on hearing it, w^ere almost bej^ond control. They 
were for rushing immediately upon the camp of the ruffians 
and driving them from the country. The company to 
which Barber belonged entered* into a conspiracy to leave 
towai without orders, and spread havoc and destruc- 



1855.] THE MISUNDERSTANDING. 247 

tioii among them. Tliisplot was discovered, and prudently 
put down hj Genera] Kobinson. 

On tlie same morning that this aflecting scene was wit- 
nessed in Lawrence, Governor Shannon sent notice that 
he was waiting for an escort at FrankUn, to accom- 
pany him to that place. Ten leading free state men were 
selected, with Mr. G. P. Lowry for leader, as a deputation for 
this purpose. The Governor, in company with Colonel 
Boone, of Westport, Colonel Kearney, of Independence and 
Colonel Strickland, from Missouri, was duly conducted into 
Lawrence. He was taken, with liis staff, into the room of 
the Committee of Safety. As they passed up to the upper 
floor in the Free State Hotel, their gaze fell, through a half 
opened door, upon the silent form of Barber. To the ques- 
tion, "what does this mean?" the reply was, "Oh, it is our 
yesterday's loss." 

General Robinson and Colonel Lane conducted the nego- 
tiations on the part of the free state men. The whole mat- 
ter was fully explained to the Governor. The interview 
lasted about an hour, which resulted in the admission from 
the Governor that he had misunderstood the conduct and 
feeling of the people of Lawrence. He stated that Mr. 
Jones had made certain representations to him wliich he 
was satisfied were incorrect. He told them it was impossi- 
ble to close the negotiations that day on any terms fair for 
them, and satisfactor}^ to tliose in tlie pro-slavery camp. He 
expressed a desire that a kind of a treaty should be drawn 
up, expressh^e of the views and feelings of both parties. He 
urged that the free state men should give up their arms as 
a condition ot peace, M'hich was positively declined. 

The Governor returned to the pro-slavery camp and con- 
tinued his work of conciliation. He there learned of the 
plot to raise the black flag and march upon Lawrence, 
whereupon he immediately issued the I'ollowing order: 



248 HISTORY OF KANSAS TERRITORY. 

" Wakarusa, December Sth, 1855. 
" Major- Gerieral Richardson : 

" Sir : — You will repress all movements of a disorderly 
character, and take no steps except by order from me. If 
any unauthorized demonstrations should be made upon 
Lawrence, you will immediately use your whole force to 
check it, as in the present state of negotiations an attack 
upon Lawrence would be wholly unjustifiable. 
" Your obedient servant, 

" Wilson Shannon." 

A similar order was issued to General Strickler. Early 
in the morning the Governor collected some prominent men 
IVom the camp. It was suggested that a committee of thir- 
teen Captains should be selected from the pro-slavery men 
to meet a similar deputation from Lawrence, that evening, 
at Franklin, to frankly interchange opinions, and seek, if 
possible, to arrive at some amicable adjustment of the threat- 
ening difficulties. This proposition was finally conceded to 
after a protracted debate, many refusing any conditions of 
peace other than the surrender of arms on the part of the 
free state men. 

The Governor, with a lighter spirit, returned to Law- 
rence. Li the meantime, on the evening previous, the free 
state men had discussed and adopted a plan upon wdiich 
they desired the existing difliculties settled. This was pre- 
sented to the Governor on his arrival, which, after several 
verbal modifications, he approved. He had himself drawn 
up a similar paper, but accepted General Robinson's as a 
substitute. 

When the negotiations closed, the citizens gathered in 
front of the hotel to learn the result. From the speeches 
made by Governor Shannon and others, a suspicion was 
awakened that something had been conceded by the free 
state leaders which would imply a recognition of the Terri- 
torial laws. Old John Brown, who had come to the defense of 
Lawrence, with his five sons and a quantity of arms, rose to 



1855.] THE MISUNDEESTANDING. 249 

speak. Although an attempt was made by some to pre- 
vent his being hoard, he persisted, and demanded that the 
terms of the treaty be made known ; that rather than rec- 
ognize the Border Ruffian usurpers as rulers, they would 
die fighting in the trenches, or on the prairies. Gen- 
eral Robinson then gave them to understand that no such a 
concession had been made, but that the same principles 
they had always professed, were yet maintained. With 
these assurances all ^v^ere satisfied and retired. The feeling 
of the soldiers against the Governor was very intense. 
AVhile speaking one man raised his gun to shoot him, but 
was prevented by others more prudent and discreet. 

The treaty, as it has been called, between Governor Shan- 
non and the people of Lawrence, reads as follows : 

" "Whereas, There is a misunderstanding between the 
people of Kansas, or a portion of them, and the Governor 
thereof, arising out of the rescue at Hickory Point of a cit- 
izen under arrest and other matters; And Whereas, A 
strong apprehension exists that said misunderstanding may 
lead to civil strife and bloodshed ; And Whereas, As it is 
desired by both Governor Shannon and the citizens of Law- 
rence and its vicinity to avoid a calamity so disastrous to 
the interests of the Territory and the Union, and to place 
all parties in a correct position before the world ; Xow, 
therefore, it is agreed by the said Governor Shannon and 
the undersigned citizens of the said Territory in Lawrence 
now assembled that the matter is settled as follows, to wit : 

" We, the said citizens of said Territory protest that the 
said rescue was made without our knowledge or consent, 
but that if any of our citizens in said Territory were en- 
gaged in said rescue, we pledge ourselves to aid in the exe- 
cution of any legal process against them ; that ice have no 
knowledge of the i^revious, preaent or prospective existence f 
any organization in the said Territoyyfor the resistance of the 
laws; and we have not designed, and do not design to resist 
the execution of any legal service of any criminal process 
therein, but pledge ourselves to aid in the execution of the 
laws when called upon by the proper auth.oritg in the town 
of Lawrence, and tliat we will use our influence in preserv- 



250 HISTORY OF KANSAS TERRITORY. 

ing order therein, and declare that we are now, as we have 
ever been, ready to aid the Governor in securing a posse 
in the execution of such a process, provided, that any per- 
son thus arrested in Lawrence and its vicinity while a for- 
eign foe shall remain in the Territory, shall be only exam- 
ined before a United States District J udge of said Territory 
in said town, and admitted to bail ; and provided further, 
that all citizens arrested without legal process shall be set 
at liberty ; and provided farther, that Governor Shannon 
agrees to use his influence to secure to the citizens of Kan- 
sas Territory, remuneration for any damage suffered in any 
unlawful depredations, if any such have been committed by 
the Sherifi''s posse in Douglas County ; and further, Gov- 
ernor Shannon states that he has not called upon persons, 
residents of any other States, to aid in the execution of the 
laws, that such as are here, are here of their own choice, 
and that he does not consider that he has any authority to 
do so, and that he will not call upon any citizens of any 
other State who may be here. 

"We wish it understood that we do not herein express any 
opinion as to the validity of the enactments of the Terri- 
torial Legislature. 

" Wilson Shannon, 
" Charles Robinson, 
" J. H. Lane. 
"Done in Lawrence, K. T., Dec. 8, 1855." 

At the solicitation of Governor Shannon, General Robin- 
son and Colonel Lane accompanied him to the Wakarusa 
Camp that evening. Here they counciled with thirteen 
pro-slavery leaders. The Governor, Colonel Lane and Gen- 
eral Robinson made speeches setting forth their views. It 
was finally agreed by the iSlissouri chiefs to assist Mr. Shan- 
non in carrying out his plan to Cjuietly and peaceably with- 
draw and disperse the Sheriff's posse. 

The night setting in proved most tempestuous, dark and 
fearful. Generals Robinson and Lane start for Lawrence at 7 
o'clock. A guard had been promised them, but only one man 
made his ap|»earance for that purpose. He, after go- 
ing with them about one hundred yards, bade tliem " good 



1855.] THE MISUNDEKSTANDING. 251 

11 i gilt," and tiirucd back. Alono, amid the storm and dark- 
ness, the two free state leaders were left to make their way 
Lome. From the fact that three armed men were seized 
near Lawrence that night, who could not give a satisfactory 
account of themselves, it was thought that there had been 
a plot to assassinate Generals Robinson and Lane on their 
way back to Lawrence. 

The following morning Governor Shannon issued his or- 
ders to the three commanders, Richardson, Strickler and 
Jones, for them to disband their forces. A reply to one 
will sufGice : 

" Camp "Wakarusa, December 8, 1855. 

" Sir : Being fully satisfied that there will be no further 
resistance to the execution of the laws of this Territory, or 
to the service of any legal process in the county of Dou- 
glas, you are hereby ordered to cross the Kansas River to 
the north side as near Lccompton as you may find it prac- 
tical with your command, and disband the same at such 
time and place, and in such numbers as you think most 
convenient. Yours, with great respect, 

" Wilson Shanj^on. 

" Major-General Richardson." 

Many of the pro-slavery men were disappointed and in- 
dignant at the conduct of the Governor. General String- 
fellow informed his followers that " the thing is settled," 
" they are sold," "■ Shannon has turned traitor," " he 
has disgraced himself and the whole pro-slavery party." 
Sherifl:^ Jones in conversation afterwards declared " if Shan- 
non had not been a d — n fool, that place would never have 
been spared. He would have wiped out Lawrence." Ex- 
Senator Atchison exerted himself to prevent an attack. He 
said to his motly gang, that " they can not fight now. The 
position which the Lawrence people have taken is such that 
it would not do to make an attack upon them ; it would 
ruin the Democratic cause, too. But, boys, we will fight some- 
time by G — d ! " Through the active exertions of the Bor- 



252 HISTORY OF KANSAS TERRITORY. 

(ler Kuflicin ctiiets, the opposing elements of darkness, cold 
and storm, and the want of whisky, no attack took place 
that night. But, it is thought, had the weather been pleas- 
ant and clear, the result would have been different. 
The invading army chiefly left the following morning, but 
some remained for several days. 

On the evening of the 9th of December, there was a " so- 
cial" in the Free State Hotel at Lawrence, and Governor 
Shannon was there. Every body seemed in a good humor. 
The Governor, who had taken a few quaffs to enliven his 
feelings, declared " it was the happiest time of his life.'"' 
While "all went merry as a marriage bell," a messenger 
brought word that " there was a large irregular force near 
the town of Lawrence, who were threatening an attack." 
At this juncture General Robinson solicited authority from 
Governor Shannon to defend the city in case of an attack, 
which was given in in the following words : 

"To C. Robinson and J. H. Lane, commanders of the enrolled 

citizens of Kansas : 

" You are hereby authorized and directed to take such 
measures, and use the enrolled forces under your command 
in such a manner for the preservation of the peace and the 
protection of the persons and property of the people in 
Lawrence and its vicinity, as in your judgment will best se- 
cure that end. Wilson Shannon. 

" Lawrence, December 9, 1855." 

It is but justice to the Governor to say that he never de- 
signed the authority conveyed in this document to legalize 
the proceedings of the previous conduct of the free state 
men, or to have any reference to the future, but simply ap- 
pertained to the threatened attack that night. 

Several prisoners had been taken during the campaign on 
both sides. Every person that attempted to make egress 
from, or ingress into, Lawrence, had been almost invariably 
seized and detained a prisoner. George F. Warren and Dr. 
A. G. Cutler were taken at Atchison and carried to Le- 



1855.] THE MISUNDBRSTANDINa. 253 

comptou Slid kept in confinement durino; the disturbances, 
subject to many indignities. The former lived at Leaven- 
worth, and liad been to Doniphan to take Dr. Cutler home, 
who was sick. On his return he was seized by a mob at 
Atchison^ who demanded his papers. Refusing to hand 
them over, they began to search him, whereupon he pulled 
them out and began tearing and chewing them up. They 
then sent for Dr. Cutler, and conveyed them both as pris- 
oners to Lecompton. Here Kelloy, approaching the camp 
where the latter was confined, cried out, " I want blood ; I 
am bloodthirsty; I want to take the God d — d abolition- 
ist out and hang him." Dr. Cutler was very sick all the 
while during his imprisonment — at times delirious. E. C. 
K. Garvey. of Topeka, came near being hung, and would 
have been, had not the officers interposed. Mr. Parrott, of 
Leavenworth, was seized while passing from that place to 
Lawrence, and conveyed to camp at Lecompton. William 
Phillips, correspondent of the i^ew York " Tribune," had 
many interesting adventures among the Border Ruffian 
camps, but always managed his escape. Several others 
were seized and held prisoners by the pro-slavery mob ; but 
when the treaty was effected they were all released. 

On Monday evening, December 10, the peace party was 
held in the Free State Hotel. Soldiers of both parties, la- 
dies and officers Vv^ere there ; a burdened table of eatables 
afforded a repast; conversation, speeches, flirtation, &c., 
alForded amusements. But the most remarkable of all was 
that Sherifl^" Jones was there "an invited guest." He was 
treated with civility ; but some who had received wrongs 
which their charity could not forgive, nor magnanimity 
cover up, watched their opportunity to take his life, and 
were only prevented by the prudence and vigilance of others, 
who acted from the sacred obligation of a host. 

On the following day the free state forces were reviewed, 
addressed by their officers and then disbanded. Eleven 
companies had tiftv-five men each enrolled. Besides these 
30 



254 HISTORY OF KANSAS TERRITORY. 

tlaere were the artillery and cavalry forces, and men ready 
to join the ranks whenever the emergency demanded it. 
Each soldier received a certificate that he had served gal- 
lantly and faithfnlly so many days in defense of Lawrence. 

We should not close the history of this invasion without 
rendering " honor to whom honor is due." The heroic con- 
duct of women gilds the pages of history. The lieroism of 
the ladies of Lawrence shines with the splendor and beauty 
that immortalized those of Sparta and the American Revo- 
lution. AVhile pro-slavery women fled to Missouri to escape 
the rabble that professed to be their friends, the free state 
women of Lawrence refused to desert their husbands and 
brothers in the hour of danger. Nor did they remain with 
idle hands and timorous minds, but performed a useful part 
in the defense of their homes. They not only cheered and 
inspired the soldiers, but threw open their houses for those 
who had hurried to the assistance of the town, and minis- 
tered to their wants. They met together, moulded bullets, 
made cartridges and laid plans for the comfort of the sol- 
diers. As we have noticed, at one time they w^ent into the 
country through the enemies pickets, and procured ammu- 
nition, which feat no man could have accomplished. Indeed 
it was the blustering boast of the debauched invaders, that 
they intended to kill all the men of Lawrence and keep the 
women for something A\'orse. With these threats before 
them, it was the determination of the ladies of Lawrence, 
should the Missourians have raised the black flag and 
rushed upon their devoted town, to seize the weapons 
of their fallen friends and take their places in the line of 
battle. For this purpose they had practiced with fire arms, 
and had the necessity demanded it, there would have been 
a display of heroism unparalleled in history. 

The women of Lawrence in that day were the most intel- 
igent and refined. They had recently come from the cities 
ot the East, where they had only read of wars and dangers. 
With all the feminine graces and accomplishments of re- 



1855.] THE MISUNDERSTANDING. 255 

fined society, they were not of that class who recognize 
hibor a disgrace, and tear a virtue. While they possessed all 
the embellishments of education and good breeding, they 
regulated their conduct by common sense. Xever upon tlu- 
frontiers was there a community \vith women of such ac- 
quirements and genuine worth; never upon the frontiers 
did women perform such acts of valor and greatness as dis- 
tinguished the ladies of Lawrence — not through this war 
only, but through many a subsequent and bloodier assault. 
Surely, if women should be entitled to vote anywhere, it is in 
Kansas, 



256 HISTORY OF KANSAS TERRITORY. 



CaAPTER XXIII. 

ROBINSON AND LANE. 

Governor Charles Robiuson was born on the 21st of July, 
1818, at Ilardwick, Worcester County, Massachusetts. His 
parents belonged to the class of respectable poor, who la- 
bored to rear their children up in habits of industry and 
morality. At the age of eighteen Charles entered upon a 
regular collegiate course of study in Amherst College, to 
which he assiduously and enthusiastically applied himself. 
But at the end of two years he was suddenly seized with 
inflammation of the eyes, from which cause he was reluc- 
tantly compelled to abandon school. 

AVhen his eyes had sufficiently recovered, he began the 
study of medicine. He attended lectures at Pittsfield, Mas- 
sachusetts, and Woodstock, Vermont, and graduated at the 
former place with distinguished honor. In 1843 he began 
the practice of medicine at Belchertown. While there, he 
first publicly exhibited that hatred for tyranny and oppres- 
sion which has characterized his life. There was a religious 
sedt, called "Perfectionists," in that vicinity, who were 
loudly abused and vilely slandered by others of different 
persuasions. Dr. Robinson, though holding no sympathy 
for their tenets, admiring the purity of their lives and wit- 
nessing the unprovoked attacks upon their character and 
religion, took a public stand in their defense. He held a 
debate with a preacher of another denomination, in which 



1855.] ROBINSON AND LANE. 257 

he eloquently and ably defended the despised sect, and fully 
vindicated the reasonableness of their views and the purity 
of their conduct. Tie began his contest with system-bound 
doctors, who refused to countenance any man of their pro- 
fession unless he followed the beaten and time-worn path 
of a certain school, for which reason he himself was denom- 
inated by them a " quack." lie believed that professional 
worth should be acknowledged and respected wherever 
found. In 1845 he went to Springfield to look after a store 
which he had secured in payment of a debt, and there con- 
tinued the practice of his profession. "While there, he be- 
came noted for his success in the treatment of chronic dis- 
eases with the galvanic battery, and was joined in partner- 
ship by Dr. Holland, alias Timothy Titcomb, who had been 
his class-mate in the medical school. The following year 
he went to Fittsburg, Massachusetts, and engaged in the 
practice of medicine. 

In 1849, soon after the gold excitement broke out, he 
started, as surgeon of a party, for California. On his way 
thither he passed through Kansas, was struck with its love- 
liness and fertility, and marked the site of Lawrence as a 
beautiful location for a city. Upon arriving in California, 
he worked in the mines a short time, then went to Sacra- 
mento and opened an eating house. He was not there long 
before a difficulty arose between the squatters and a class of 
speculators. The former had entered upon their lands by 
pre-emption — a title universall}' respected in a new countr3\ 
But, the town improving rapidly, and giving promise of 
greatness, a class of speculators came in and secured a quit- 
claim title to a vast tract of country in that vicinity, inclu- 
ding the town site, from Mr. Sutter, who held a Spanish 
title to 99,000 square miles in California. These specula- 
tors strengthened themselves by selling or giving lots to 
new comers, and soon warned those who held lots by pre- 
emption to leave the premises. Upon the latter's refusing 
to observe this demand, the matter was placed in the hands 



258 HISTORY OF KANSAS TERRITORY. 

of the Sheriii. In vain the squatters sought to stay any vi- 
olent action by oifering to give bonds for the safe keeping 
and use of the premises until the title was legally decided 
in the courts. They, therefore, determined to defend their 
homes, and prepared for resistance. For thus putting 
themselves in the attitude of self-defense, the authorities 
first sought to arrest them ; but they agreed to avoid arrests 
until the opening of the courts, by secreting themselves in 
various places. While thus absent from their homes the 
Sheriff took possession of several of their houses, where- 
upon the squatters collected and marched to retake them. 

Dr. Robinson, Irom the first, had warmly espoused the 
cause of the squatters, and was their recognized leader, 
planning and shaping his policy with that prudence and sa- 
gacity which characterized him in Kansas. 

The squatters, some fifteen in number, upon reaching the 
houses, said to be held by the Sheriff", found no one there 
and started to return to their respective abodes. As they 
retired a rencounter took place between them and a crowd 
headed by the Sheriff' and Mayor. The latter fired, which 
was promptly returned bj the squatters, whereupon the 
mob scattered and fled. One was killed on each side, and 
the Mayor and Dr. Robinson fell badly wounded. The 
doctor crept into an old house, where he remained some 
time, when he was taken on board a prison ship and de- 
tained for ten weeks. While there he was elected to the 
first Legislature, which he attended, and was highly re- 
spected and esteemed by the members for his heroic and 
noble stand in defense of right and justice. He contributed 
to the election of General Fremont to the United States 
Senate. He afterwards published a daily paper for a short 
period at Sacramento. 

On the 1st of July, 1851, he sailed for home. The steamer 
upon which he took passage was wrecked on the Mexican 
coast, but the passengers narrowly escaped from a watery 



1865.] ROBINSON AND LANE. 259 

grave to the land, and Avere compelled to travel on foot 
forty miles before they could again take j^assage on a boat. 

From Panama to Cuba the doctor was employed as sur- 
geon aboard a boat filled with sick workmen, who had been 
engaged in the construction of the railroad across the 
Isthmus. 

Dr. Robinson, upon reaching his native State, settled in 
Pittsburg and resumed the practice of medicine. About 
the time when Kansas first engaged the attention of the 
public, he published several letters relative to it, founded 
upon his observation in passing through the Territory to 
California. The attention of the Emigrant Aid Society 
was attracted by these letters, which at once, upon learning 
of his character and experience, employed him as its agent 
to visit the Territory. The important and conspicuous 
part he performed in the critical times of our Territorial 
difliculties, we leave the reader to note for himself. 

Governor Robinson has always been very radical in his 
views — always favored universal' suffrage and opposed sla- 
very, or partial legislation of any description. Though he 
did not endorse the higher law doctrine, still he was always 
a constitutional abolitionist, and believed in using every 
legal remedy for the removal of slavery. He was pre-emi- 
nently fitted as leader of the free state movements. With 
inflexible principles, great prudence, caution and sagacity, 
he combined unilinchiug courage. iSTever swerving from 
his principles in his whole life, he seldom miscalculated in 
shaping his plan and policy. He preserved the utmost con- 
fidence of the free state men until late in our Territorial 
history, when the Free State party broke up in a general 
scramble for oflice. 

General James H. Lane was born, June 22, 1814, on the 
banks of the Ohio, in Boone County, Kentucky. His 
father, Amos Lane, cousin of Joseph Lane, of Oregon, was 
an eminent lawyer and a member of Congress. James' 
mother, who was a woman of superior intellectual and moral 



260 HISTORY OF KANSAS TERRITORY. 

qualifications, superintended his early education. Always 
restive and unable to confine Limself to bis books, be at- 
tained but the rudiments of school learning, even under the 
excellent tutorship of his mother. 

James first began an independent struggle of life in Law- 
renceburg, Indiana, as a merchant and pork-packer. He 
followed this business until 1843, when be married and be- 
gan the study of law. When the Mexican war broke out 
in 1846, he raised a company of men, and, having volun- 
teered as a private, was elected captain. AVith his men, he 
rendezvoused at ISTew Albany, where he was appointed 
Colonel of the Sd Regiment. In this capacity he served 
with distinguished honor throughout General Taylor's cam- 
paign. After the expiration of their term of service, he 
returned with liis regiment in June, 1847. He was inmie- 
diately authorized to reorganize the 3d, which he did, and it 
was mustered in as the 5th Hegiment of Indiana A'oluntcers. 
"With it he returned to Mexico, where he remained until 
peace was declared. 

Upon his return from the war, he was elected Lieutenant 
Governor of Indiana in 1849, and, before his term of office 
expired, was chosen a member of Congress from the 4th 
Congressional District, and shortly aftewards elector for the 
State at large for Franklin Pierce as President. He was in 
Congress at the time of the Kansas-I>rebraska agitation, 
and voted for the repeal of the Missouri Compromise. 

In April, 1855, Colonel Lane removed to Kansas, settling 
on a claim adjoining Lawrence, where he afterwards made 
his home, and where his widow still lives. He came to the 
Territory a strong Democrat, and an administration man, 
and remained conservative in his speeches, until he saw that 
it was more popular to be radical, then changed to be the 
most radical man in the West. From bis bluster and bun- 
combe speeches, he soon became a terror to the Border 
Ruffians, and, as such, was useful to the free state cause. 
The free state men never had any confidence in his courage, 



lS5o.] ROBINSON AND LANE. 261 

his qiialificatiuns as a leader, or liis character as a man. 
Though his public life was sliifting and stormy, still he 
managed his political barque so skillfully tliat he always 
rode the popular wave, and attained the highest position to 
Avhich the State could elevate him. 

lie was elected United States Senator by the first State 
liCgislature in 1861, and during the same year took an active 
part in recruiting and organizing volunteers. He formed 
his brigade and commanded it as Brigadier-General, though 
he held no commission until the following year. In 1863, 
he was appointed Recruiting Commissioner for the Depart- 
ment of Kansas, and under this authority raised five regi- 
ments of infantry, one of which was a colored regiment. 
In the winter of 1864-5 he was re-elected United States 
Senator for the term commencing on the 4th of the follow- 
ing March. Upon taking his seat in Congress he endorsed 
Johnson in his opposition to the Freedmen's Bureau and 
the Civil Rights bill, for which, on his return to Kansas, 
most all of his old friends refused to recognize him or ten- 
der him any courtesies. 

Feeling thus rejected by his fellow statesmen, and fearing, 
it was thought, an investigation and divulgence of certain 
Indian frauds, he became partially deranged at St. Louis. 
He returned from that place to Kansas. On the following 
morning after his arrival at Leavenworth, as he was going- 
out to the government farm, in company with others, he 
shot himself, discharging a pistol in his mouth, the ball 
passing through his brain to the top of his cranium. He 
lingered, unconscious, for several days, then died on the 
10th of July, I8661- 'Thus ended the career of this wonder- 
1\tI man. Over his faults and vices let the silence of the 
grave forever rest. Though not a real man, yet, in many 
respects, he was a great man. As a politician he has no 
equal in the nineteenth century, and has left his impress 
upon the political elements of Kansas, which it will require 
years to remove. Let the youths of this State practice his 
31 



262 HISTORY OF KANSAS TERRITORY. 

uiitjrjiig energy and nnliiltering }>erseverancc, Init let them 
ilee from the way of the ungodly, which perisheth. 

Such is a brief sketch of the lives of these two great rivals 
in Kansas politics, Hon. Charles Eobinson and Hon. James 
H. Lane. Neither without his faults, neither without his 
virtues, both have been too much praised and too much cen- 
sured. Robinson never swerved from principle from begin- 
ning to end ; Lane, when he broke off from the Democratic 
party, shaped his action entirely by the signs of the times. 
The former was cautious, prudent and brave ; the latter 
reckless, rash and cowardly ; the first discreet in council, 
true in judgment and firm in danger, was well suited as a 
leader of the free state movement ; the other, impetuous, 
blustering and dashing, happily olFset the conduct of the 
Border Ruffians. Robinson, gored and wounded by abuse, 
grew petulent and refractory ; Lane, strengthened and en- 
couraged by it, grew sublime and magnanimous in his 
])righteniug prospect of success. 

General Robinson, commander-in-chief, delivered this 
parting address to the forces assembled for tlic rescue of 
Lawrence : 

" Fellow Soldiers : — In consequence of a * misunder- 
standing' on the part of the Executive of this Territory, the 
people of this vicinity have been menaced by a foreign foe, 
and our lives and property threatened with destruction. 
The citizens, guilty of no crime, rallied for the defense of 
their families, their property aud their lives, and from all 
parts of the Territory the true patriots came up resolved to 
perish in the defense of their most sacred rights, rather than 
submit to foreign dictation. Lawrence and her citizens 
were the first to be sacrificed, and most nobly have her 
neighbors come to her rescue. The moral strength of our 
l)osition was such that even the ' gates of helF could not 
have prevailed against us, much less a foreign mob, and we 
gained a bloodless victory. Literally may it be said of our 
citizens, ' They came, they saw, they conquered.' 

" Selected as your commander, it becomes my cheerful 
duty to tender to you, fellow soldiers, the meed of praise so 



1855.] ROBINSON AND LANE. 263 

justly your due. ISTevor did true meu unite iu a lioHc: 
eiiuse, and never did true bravery appear more conspicuous, 
than in the ranks of our little army — death before dishonor 
Avas visible in every countenance, and felt in every heart. 
JMoodless, though, the contest has been, there are not want- 
ing instances of heroism worthy of a more chivalric age. 
To the experience, skill and perseverance of gallant General 
l^ane, all credit is due for tlie thorough discipline of our 
forces, and the complete and extensive preparation for 
defense. His services can not be overrated, and long mav 
he live to wear the laurels so bravely won. Others are 
worthy of special praise for distinguished services, and all. 
both officers and privates, are entitled to the deepest grati- 
tude of the people. In behalf of the citizens of Lawrence, 
in behalf of the ladies of Lawrence, in behalf of the chil- 
dren of Lawrence, in behalf of you, fellow soldiers, of Law- 
rence, and in my own behalf, I thank 3'ou, of the neighbor- 
ing settlements, for your prompt and manly response to our 
call tor aid, and pledge you alike response for your signals 
of distress. The citizens who have left their homes to come 
to our assistance have suffered great privations and many 
discomforts and exposures, while citizens of Lawrence have 
incurred heavy expense ; but all has been submitted to with- 
out a murmur, and in a spirit of a people engaged in a high 
and holy cause." 

On the IGtli of December, Sheriff Jones arrested S. F. 
Tappan and S. C. Smith, without any resistance, and took 
them to Lecompton. It will be recollected that they were 
not with the party of rescuers when they first intercepted 
Jones, but came up during the parley. The Sheriff liad 
appealed to their patriotism, and fears to induce them to 
comply with his demands, saying that he did not think that 
such meu as they were would be participants in sucli work, 
and that unless they surrendered his prisoner, he would 
bring a myriad of men from Missouri and destroy Lawrence. 

On the day following their arrest these two gentlemen 
were examined before Mr. Shepherd, a Justice of the Peace, 
so appointed by the Shawnee Legislature. The only wit- 
ness that appeared against them was Sheriff Jones, who 
testified in regard to the part they took in the rescue. 



264 HISTORY OF KANSAS TERRITORY. 

They did not introduce any rebutting testimony, nor did 
they give bail, but insisted upon an immediate trial. The 
Court, however, which should have been in session at that 
time, had adjourned over, in consequence of the indisposi- 
tion and absence of Chief-Justice Lecompte. The two 
prisoners were held until the 22d of December, when they 
were released on a parole of honor for three months. 

Hugh Tlutchingson, Paul Jones, and two others of the 
rescuers were arrested, underw^ent a preliminary trial, and 
held over to the next term of Court on $500 bail. At the 
following term of Court all the prisoners appeared for trial 
before Lecompte, but their cases were deferred to the next 
sitting of the Court. This was the end of the Wakarusa 
war. 

The term " Border Ruffian" was early applied to those 
individuals on the western border of Missouri, who sought 
by illegal and violent means, to determine the domestic in- 
stitutions of the Territory. And never was a name more 
appropriately applied, nor ever a name more gloried in by 
those upon whom it was bestowed. There was a harge 
number at the to.wus on the border, who spent their time in 
loafing, drinking, gambling, and carousing, that were gen- 
uine ruffians long before the troubles in Kansas arose, who 
readily lent themselves as willing tools of designing politi- 
cians to harrass and oppress the free state men. This Avork 
just suited them, and perhaps the mass of the people of 
Western Missouri never had as much happiness in their 
lives as they enjoyed during the difficulties in this Territory. 
In the more general invasions of Kansas, these ruffians were 
joined or led by the more respectable men of the Border, 
who at such times vied with the vilest in debauchery, crime 
and the grossness of their conduct. In this way men of em- 
inent ability, who had occupied high and responsible posi- 
tions of public trust and profit, would pass over into the 
Territory, and unmindful of dignity and honor, would throw 



1855.] ROBINSON AND LANE. 265 

oif all restraint, and imitate, in appearance, character and ac- 
tions the real ruffian. 

ISTor was this at all an unpopular appellation among the 
])order gentry. They gloried in it as much as Cicero or 
Socrates did in that of Philosojiher, or the soldiers of the 
Seven-hilled-city that of Roman. Boats on the Missouri 
river took to themselves the name; hacks, omnibuses, 
hotels, " doggeries" horses, and dogs, were not unfrequently 
adorned by the title "Border Ruffian." And woman — 
beautiful, fair and intelligent woman — so far became blinded 
to the pure and virtuous, as to take unto herself the name 
of Border Ruffian, and admire and praise those of that 
character. 

I have given in another place a description of the Missou- 
rians, and a dark picture of humanity it is, though I 
sought to draw it with a pen of truth. The contest in Kan- 
sas afforded a happy field for them to display their natural 
(|ualities, and certainly they did so to good advantage. No 
other people would or could have done the dirty work for 
slavery that the ISIissourians did with ready hands and will- 
ing hearts. They were pre-eminently adapted to the " nasty 
job,"' and most nastihj they performed it. Go into a saloon 
or hotel, and you would most likely be accosted by some 
long, gangling, red-eyed, blurred faced specimen of hunuxn- 
ity with slouched hat and butternut clothes, thus : " Stran- 
ger, whar ure from? No d — d Yankee I guess? Wall, 
I'm none of yer city raised down casters ; I'm a J^order 
Ruffian, by G — d. I can draw my bead at forty rod, ana 
am bound to shoot center any how. If the crowd wish I 
dont care if we have a hand fight before this here bar ; I'm 
dreadful easy to whip — yes sir'ee, dreadful easy — so just 
jump me up, stranger, and we'll smash in all createdly. 
Wall, I 'spect you think I'm a d — d cuss, so come up here 
and liquor." 



266 . HISTORY OF KANSAS TERRITORY. 



CHAPTER XXIX. 

VARIOUS EVENTS OF THE WINTER. 

The termination of the Wakarnsa war was by no means 
satisfactory to the Achilles of the Border. It onl}- served 
to scatter the clouds of the tempest that they might re- 
gather and break v.'ith greater violence. The Border 
Rnffian cliiefs immediately plotted for the utter overthrow 
and destruction of free state men. But let us notice events 
as near as we can in chronological order. 

The election on the adoption of the Topeka Constitution 
was held on the 15th of December. Amid the excitement 
which had recently prevailed in the Territory, the settlers 
liad partly lost sight of the free state movement. The pub- 
lic speakers failed to meet their appointments, consequently 
the subject was not agitated and discussed before the people 
to a great extent. Copies of the Constitution had been 
freely circulated, and notices of the election posted up, but 
in a few places even this was not done. The election in all 
Border towns was not allo^¥ed to be held. These facts 
were supposed to account for the vote being no larger. At 
Atchison no election was attempted. 

The result of the election was as follows : In favor of 
the Constitution, 1,731 ; against it, 46; for the general bank- 
ing law, 1,120 : opposed to it, 664 ; for the exclusion of ne- 
groes and mulattoes, 1,287 ; against exclusion, 453 ; total 
number of votes cast, 1,778. 



1855-6.] EVENTS OF THE WINTER. 267 

By t!ie order of General Eastiii, the militia of his com- 
mand was required to meet for muster at Leavenworth on 
tlie day of the election, and receive their discharge, which 
entitled them to pay from the United States for their mili- 
tary services. Early in the morning these ruffians, whom 
the General termed "Kansas Militia," began crossing the 
Missouri River from Platte County. About noon this mot- 
ley crew, several hundred in number, led by Colonel Payne, 
a member of the bogus Legislature, and Judge of Leaven- 
worth County, so appointed by that body, and another man 
by the name of Dunn, a grocery keeper, and consequently 
a man of great influence among the Border Ruffians, at- 
tacked the house where the polls were iheld. Two of the 
men in the house escaped without injury, but the third, by 
the name of Wetherill, throwing the ballot-box under the 
counter, rushed into the street. He had scarcely reached 
it, before he was knocked down by clubs, seriously beaten 
and trampled in the mud by the crowd. He would proba- 
bly have been killed had not a pro-slavery man, and two 
free state men by the names of Anthony and BroAvn, inter- 
posed and rescued him. The ruffians, having obtained pos- 
session of the ballot-boxes, j paraded them through the 
streets, yelling and shrieking like barbarians. 

The office of the "Territorial Register" was loudly 
threatened, but no attack was made upon it. On the after- 
noon these rag-a-muffins were mustered, addressed and 
complimented by General Eastin for their faithful and pa- 
triotic services. 

On the following Saturday night a mob, calling them- 
selves Platte County Regulators, destroyed the printing 
press of the " Territorial Register," by throwing it and the 
type into the river. They were organized atXickapoo, and 
marched down under command of Captain Dunn, G. AV. 
Perkins, Dr. Royal and James Tyler. Mr. Delahay, the 
editor, who was absent at the time, was the most conserva- 
tive among the free state men. A personal friend of 



268 HISTORY OF KANSAS TERRITORY. 

Stephen A. Douglas, au euthusiastic admirer of scjuatter 
sovereignty, notwithstanding the border ruffian invasions, a 
national Democrat, he had always advised obedience to the 
laws of the Territorial Legislature. But he had identified 
himself with the Free State party in their lawful and con- 
stitutional measures to make Kansas a free State. lie had 
refused assistance to Lawrence, when calling loudlj^ for 
help, and repeatedly declared in the Free State meetings, 
" 1 had as lief buy a negro as a mule." The hight of his 
offense was that he favored a free State. 

Mr. Delahay has been a true friend to Kansas, taking an 
active part in public affairs. He has many friends, and 
could wield a w^onderlul influence, were he a little more 
temperate in his habits. He has for some time occupied the 
position of United States District Judge in this State, and 
still makes his home at Leavenworth. 

As quick as the result of the election was announced, an 
election was called for State officers. A convention met at 
Lawrence on the 22d day of December for the purpose of 
nominating candidates. There was but little harmony and 
unanimity between its members. The feelings of the 
minority were that if conservative men were elected, the 
(conservative administration and Congress of the United 
States would be more ready to recognize them and favor the 
free state movement. They accordingly bolted from the 
regular nominations of the convention and formed a " Free 
State Anti- Abolition Ticket." This movement did not 
meet with general favor, even among the conservative ele- 
ments. In the nomination of the convention bothEadicals 
and Conservatives were about equally represented. 
y By the election which took place on the 15th of January, 
1856, the regular nominees were duly elected with large ma- 
jorities. The foUoM'ing are the first State officers regularly 
chosen by the people of Kansas : Dr. C. Robinson, Gover- 
nor ; W. Y. Roberts, Lieutenant Governor ; P. C. Schuyler, 
Secretary of State ; G. A. Cutler, Auditor ; J. A. Wake- 



1855-6.] EVENTS OF THE WINTER. 269 

field, Treasurer ; II. Miles Moore, Attoruey-Gencral ; ]\I. 
Hunt, S. 'N. Latta and M. F. Conway, Supreme Judges ; !S. - " 
B. McKenzie, Rei^orter, and S. B. Floyd, Clerk of the Su- 
preme Court ; John Speer, State Printer ; M.'W.^Dclahay, ^ 
Representative in Congress. 

The free state Mayor of Leavenworth, intimidated by the 
demonstrations at the December election, and from the 
hopeless prospect of being able to perform his duty in the 
future, resigned. The pro-slavery Mayor elected to fill his 
place, at the solicitation of the business men of the city, who 
feared a riot, issued a proclamation forbidding an election to 
be held in that town on the 15th of January. The election, 
however, was held in an informal way, by carrying the ballot- 
box around and getting individual votes. In this way about 
two hundred votes were polled, and returned to the Execu- 
tive Committee, a majority of whom, after some contention, 
agreed to issue certificates to members thus elected. When, 
however, these members presented themselves at the Legis- 
lature the folloAving March, claiming seats, they were, after 
considerable discussion, refused admission by that body. 

At Eastin, about twelve miles north-west of Leaven- 
worth, and in the same county, the election was deferred 
two days after the time fixed by the Executive Committee, 
on account of the threats of the Kickapoo Bangers and 
pro-slavery men in the neighborhood, that the polls should 
be seized and the election broken up, as had been done pre- 
viously at Leavenworth. The election was held at the 
house of Mr. Minard, about a half mile from the village. 
In the morning a company of eight persons went out from 
Leavenworth in a wagon where the election was held, 
among whom was Captain E. P. Brown. Men" generally 
went armed to the polls, in consequence of the violent 
threats that had been made. About seventy-two voted, and 
every thing passed off quietly during the day. 

About 6 o'clock in the evening a company of thirty horse- 
men made an advance upon the house where the polls were 
32 



270 HISTORY OF KANSAS TERRITORY, 

kept. A piirty oi' free .state men rushed out and confronted 
them, with arms in their hands. The leader of the assault- 
ing party ordered a charge several times, but liis men re- 
fused to obey. In a few moments they wheeled and retreated 
to the village. Shortly after this, messages were sent to 
Minard, by the Ruffians, that they wished the ballot-box 
given up, and unless it was, they would come and take it. 
Xo disturbance, however, occurred for some time, though 
persons of both parties passed to and fro from the village 
and the house of ]SIr. Minard. 

About 2 o'clock that night a report reached the free state 
men that one of their number, Stephen Sparks, on his way 
home, had been taken prisoner by the Ruffians at Eastin, 
and was still held as such by them. Captain Brown, with 
fifteen men, immediately set out to rescue him. They 
passed down to the viUage, and found Sparks and his son 
in the fence corner, surrounded by a mob, like a wolf at 
bay by a gang of hounds. They demanded the delivery of 
Sparks, and as quick as the mob perceived the strength of 
the free state men, they let the prisoner go with threats that 
he would be speedily recaptured. 

The two parties had not separated far before the pro- 
slavery men began hallooing and the firing of guns. The 
free state men returned it. The firing was kept up for 
about ten minutes, when the latter returned to Mr. Minard's. 
One pro-slavery man was killed, and two free state men 
slightly wounded, in the aflray. 

In the morning, about eight or nine o'clock, the Leaven- 
worth party set out for home. Having proceeded about 
six .miles, they were met by two wagons — one Avith four 
horses — both filled with armed men. They hurried down 
the hill, passed the free state men, stopped and called upon 
them to halt. Scarcely had the Leavenworth party time to 
check their horses before they beheld another party ap- 
proaching from the top of the hill — two wagons and thirty 
liorsemen. They were armed Mdth hatchets, bowie knives, 



1855-6 EVENTS OF THE AVIXTER. 271 

guns and revolvers. They rejoiced at seeing BroAvn in tlieif 
power. The free state men, on l)eing assured that they 
wtndd he treated kindly as prisoners, gave up their arms, 
seeing they could do nothing against such odds. The ruf- 
fians seemed mad with excitement and whisky. Mr. Tay- 
lor came near losing his life from a violent stroke ot a 
hatchet. 

The prisoners were then conveyed back to Eastiu. Th(i 
mob grounded their action upon a report that a pro-slaverv 
man had been killed at Eastin the night previous, and they 
wished all to go back to investigate it, and have the mur- 
derer brought to punishment. They were the Iviekapoo 
Rangers, led by J. W. Martin. They had been sent for soon 
after the disburbauce the evening previous. 

On their arrival at Eastin they were placed in a small 
room of Dawson's store house, and closely guarded. In a 
short time two or three more prisoners w^ere brought in 
from the surrounding countr}-. In a half hour Captain 
Brown was called out and taken into Dr. Motter's oiiice, to 
undergo his trial. Xot more than a half hour elapsed be- 
fore Captain Martin returned to the prisoners and informed 
them that it would be impossible to save Brown, and per- 
haps them too. unless they could effect their escape. The 
guard agreed to let them go, and conducted them a short 
distance. They all effected their escape. 

But alas, sad was the fate of poor Brown. He was kept 
locked up in a room during his trial to prevent the mob from 
interfering. On being told by Captain Martin that they had 
concluded to take Brown to Leavenworth to await his trial 
according to the laws, the mob cried out, " no, he'll escape 
like McCrea," and that they intended to punish Brown them- 
selves. The Captain did all he could to prevent the raslj- 
ness of the mob, but finding himself unable to control them, 
left. They broke open the door and rushed in upon Brown 
with hatchets and knives. He offered to fight any one of 
them, but they gave him no chance for his life. He was 



272 HISTORY OF KANSAS TERRITOEY. 

taken out of doors, dragged, chased and pulled around, 
stabbed and chopped until literally hacked from head to 
foot. He was finally thrown into a wagon and jolted ten 
miles over frozen ground to his home, and handed over to 
his terror-stricken wile. To the inquiries about his fate, he 
replied, "■ I have been murdered by a gang of cowards in 
cold blood, without any cause," then laid his head back and 
breathed his last. 

Mr. Brown was a prominent member of the Free State 
party ; had taken part in the defense of Lawrence, and was 
a member elect of the Legislature. He left a young and 
accomplished wife and one child. The first Legislature, 
convened on the 4th of March, passed the following : 

" Whereas, K. P. Brown, Esq., a member of this House, 
was inhumanly murdered at Eastin, on the 18th of Janu- 
ary last, by a body of armed men from Missouri and the 
city of Kickapoo ; and, whereas, justice to ourselves as well 
as respect to the memory of the deceased, requires a tribute 
at our hands ; therefore, 

" Resolved, That in the cold blooded murder of R. P. 
Brown, by the hand of a mob ot mercenaries and despera- 
does, from a neighboring State, we have sustained an irre- 
parable loss, the State has been deprived of the services of 
a man of intelligence, integrity, honor, patriotism and true 
courage, and his family of a kind husband and father. 

" Ilesolved, That we extend to the bereaved widow our 
heartfelt condolence on account of the afflicting calamity, 
and assure her that the whole country joins with her in her 
grief. 

'■' Resohed, That while Ave condole with her in her afiiic- 
tions, we feel that Providence will overrule for good. Mr. 
Brown has joined the host of Martyrs, whose blood has 
watered the tree of liberty. His name, with Dow and Bar- 
ber, will survive and adorn the brightest page in the future 
history of Kansas, while those who were the instruments 
of this outrage, like the perpetrators of other foul crimes, 
will be remembered as a monster in the catalogue of human 
depravity. 

" Resolved, That we recommend to the lovers of freedom 
and justice to erect a monument to the memory of the de- 



1855-6.] EVENTS OF THE WINTER. 273 

ceased, witli suitable inscriptions, and that the State make 
liberal contributions in aid of such an enterprise. 

" Resolved, That we wear the badge of mourning for 
thirty days in commendation of the heroic conduct of our 
deceased friend and co-laborer in the cause of freedom. 

" Resolved, That copies of these resolutions be furnished 
the several papers in Kansas, and that they be requested to 
copy the same, and that copies be forwarded to the widow 
of the deceased." 

The pro-slavery men not satisfied with the death of 
Brown, determined to drive out the Free State men from 
Eastin. They accordingly notified them to leave, by leav- 
ing notices at their houses, signed by some fifteen or twenty 
persons. The Free State men fortified, and gathered their 
forces to protect themselves, and sent for aid to Topeka 
and Lawrence. A company from these two places went up 
to their rescue, but the Missourians hearing of their advent, 
hurried back to their native State. 

This winter was one of unusual frigidity. Storms, hail, 
snow and ice rendered it exceedingly disagreeable. The 
settlers were much exposed to the cold and sleety blasts, 
having in man}^ instances only open shakes for houses. But 
it was not the natural elements that caused the most suffer- 
ing and privation. Settlers were frequently compelled to 
leave their families upon the lone prairies, to flee either to 
the rescue of their friends or to make their own escape 
from the threatened violence. I shall have occasion to 
speak in the following chapter of the dangers which filled 
the land, of the gathering hosts of invaders, not from Mis- 
souri only, but from the whole South. 



274 HISTORY OF KANSAS TERRITORY. 



CHAPTER XXY. 

EXTERMINATION. 

The President, in his special message to C-ongress on tLe 
24th of January, took tlie position that the enactments of 
the Territorial Legislature were valid and binding, and, 
hence, must he enforced. He denounced tlie liree state 
movement as a party one, and not tluit ol the people. 
Speaking of it he said : 

" i^o principle of public law, no practice or precedent un- 
der the Constitution of the United States, no rule of reason, 
right or common sense, confers any such power as that now 
claimed by a mere party in the Territory. In fact, what 
has been done is ot a revolutionary character. It is avovv-edly 
so in motive and in aim as respects the local law of the 
Territory. It will become treasonable insurrection if it 
reach the length of organized resistance by force to the 
fundamental, or any other, law, and to the authority of the 
general Government." 

Again he said: 

" Entertaining these views, it will be my imperative dut}' 
to support public order in the Territory ; to vindicate its 
laws, whether federal or local, against all attempts of organ- 
ized resistance ; and to protect its people in the establish- 
ment of their own institutions, undisturbed by encroach- 
ments from without, and in the full enjoyment of the rights 
of self-government assured to them by the Constitution 
and the organic act of Congress." 



1856.] EXTERMINATION. 275 

He recommended to Congress as a means to quell the 
troubles and adjust the difficulties, to pass a bill authorizing 
the people of Kansas to frame a constitution with a \\ew to 
admission into the Union. 

Here was a distinct assurance that not only were the 
Missourians to be allowed to overrun Kansas and trample 
upon the rights of its people, but all the power of the fed- 
eral Government would be applied to compel a recognition 
of these bogus laws. 

The Missourians began their preparations for again in- 
vading Kansas in earnest and determination. They keenlv 
felt that they had been the losers in the recent campaign in 
the Territory, notwithstanding their number and boasting. 
They saw, too, that the conquest of Kansas was not so easy, 
that the free state men were not only prepared with supe- 
)-ior arms, but possessed courage and skill. They knew, too, 
that unless their designs in the conquest of Kansas could be 
effected the coming year, that it would be lost to slavery. 
They, therefore, determined upon exterminating the free 
state men by fire and sword. 

The Border Ruffians very well knew that the free state 
men never intended to recognize the Shawnee Legislature 
as legitimate, as the treaty with Governor Shannon clearly 
showed. To preserve the cloak of law and order around 
their infamous designs, Sheriff Jones addressed the follow- 
ing note to the free state commanders : 

"Lawrence, K. T., January 15, 1856. 

"Generals Kobinson and Lane : 

" Gentlemen : Did you or did you not pledge yourselves, 
at a council held in Franklin on the — day of December, 
to assist me, as Sheriff, in the arrest of any person in Law- 
rence against whom I might have a writ, and to fuvnish me 
with a posse to enable me to do so ? 

" Samuel J. Jones, 
"Sheriff Douglas County, K. T." 



27fi HISTORY OF KANSAS TERRITORY. 

To Avbich the following reply was made : 

" Samuel J. Jones, Esq., Sir : In reference to your note of 
'yesterday, we state that at the time and place mentioned, 
we may have said that we would assist any proper officer, 
in the service of any legal process in this city, and also no 
farther resistance to the arrest by you of one of the res- 
cuers of Branson would be made, as we desired to test the 
validity of the enactments of the body that met at the 
Mission, calling themselves the Kansas Legislature, by an 
appeal to the Supreme Court of the United States. 

" Yours, Respectfully, " C. Robinson, 

"J.H.Lane." 

It will be seen by this ^ correspondence, that though the 
free state leaders had agreed to submit to the arrest of the 
rescuers, it was with the view of testing the legality of the 
Shawnee Legislature before the highest court in the land. 
Though they had agreed to assist any projoer officer in the 
service of any legal process, they still retained the privilege 
of deterniining who is a proper officer and what is a legal 
process. The treaty no longer covered the breach between 
the two parties, but it yawned open wider than before. 

Early in the winter tumultuous preparations for subduing 
Kansas began. They sounded like the mutterings of a 
gathering storm, and echoed far down in the Southern 
States. Kansas matters were discussed in the weekly ses- 
sions of the Blue Lodges, plans were concocted by the 
leaders and approved by public meetings. Mounted horse- 
men in companies of fifty each were suggested as effective 
guerrilla parties for scouring the Territory, harrassing the 
settlers and preventing them from putting in their crops. 
Finding that their legislative enactments did not punish 
free state men sufficiently, they urged the necessity of call- 
ing an extra session of the Legislature to make more strin- 
gent and penal laws for free state men. After showing the 
legal difficulties that embarrassed the pro-slavery leaders 
during the seige of Lawrence, the squatter sovereign sug- 



1856.] EXTERMINATION. 277 

gested tliat tliese be removed us soon as possible. In mi 
article of two columns it says : " We say if the abolitionists 
are able to whip us, and overturn the Government that has 
been set up here, the sooner it is known the better ; and we 
want to sec it settled. We Avant to see it determined 
whether honest men or rogues are to rule here." Dr. 
^^tringfel]ow proposed to sell shares in several towns to pro- 
cure arms " for the volunteers and militia of Atchison 
County when in service." He heads his article upon the 
subject thus: 

" WAR ! WAR ! ! 

" It seems now to be certain that we shall have to give 
the abolitionists at least one good thrashing before political 
matters are settled in this Territory. To do so we must 
have arms ; we have the men. I propose to raise funds to 
furnish Colt's revolvers and other arms for those who are 
without them." 

The Kansas "Pioneer," on the morning after the disturb- 
ances at Eastin, sounded the war cry thus : 

" Rally ! Rally ! * "^ '■^•- * -^ Forbearance has now 
ceased to be a virtue. Therefore w^e call upon every pro- 
slavery man in this land to rally to the rescue. Kansas 
must be immediately rescued from the tyrannical dogs. 
The Kickapoo Rangers are at this moment beating to arms. 
A large number of the pro-slavery men wall leave this place 
for Eiistin in tw^enty minutes. The %var has again com- 
menced, and the abolitionists have again commenced it. 
Pro-slavery men, law and order men, strike for your altars ! 
strike for your firesides ! strike for your rights ! Avenge 
the blood of your brethren who have been cowardly assailed, 
but who have bravely fallen in the defense of southern in- 
stitutions. Sound the bugle of w-ar over the length and 
breadth of the land, and leave not an abolitionist in the 
Territory to relate their treacherous and contaminating 
deeds. Strike your piercing rifle balls and your glittering 
steel to their black and poisonous hearts ! Let the w^ar cry 
never cease in Kansas again until our Territory is wrested 
from the last vestige of abolitionism." 
33 



278 HISTORY OF KANSAS TERRITORY. 

The following is taken from a speech delivered in Platte 
City, Missouri, February 4, by General D. R. Atchison : 

" I was a prominent agent in repealing the Missouri Com- 
promise, and opening the Territory for settlement. The 
abolition orators drummed up their forces and whistled them 
0)1 to the cars and whistled them off again at Kansas City ; 
some of them had ' Kansas and Liberty ' on their hats, I 
saw this Avith my own eyes. These men came with the 
avowed purpose of driving or expelling you from the Terri- 
tory. What did I advise you to do ? Why to meet them 
at their own game. When the first election came ofi:" I told 
you to go over and vote. You did so, and beat them. 
Well, what next ? Why an election of members of the 
Legislature to organize the Territory, must be held. What 
did I advise you to do then ? Why meet them on their 
own ground, and at their own game again ; and cold and 
inclement as the weather was, I went over witli a company 
of men. The abolitionists of the Korth said and published 
it abroad that Atchison ivas there with howie knives, and by 
G — d it was true. I never did, go into that Territory — I never 
intend to (JO into that Territory loithout being jjrc pared for all 
such kinds of cattle. 

" They have held an election on the 15th of last month, 
and they intend to put the machinery of a State in motion 
on the 4th of March. ISTow, 3'ou are entitled to my advice, 
and you shall have it. I say j^repare yourselves. Go over 
there. Send your young men and if they attempt to drive 
you out, then, damn them, drive them out. Fifty of you, 
with your shot guns, are worth two hundred and fifty of 
them with their Sharp's rifles. Get ready — arm yourselves, 
for if they abolitionize Kansas you lose $100,000,000 of your 
property. I am satisfied I can justity every act of yours be- 
fore God and a jury." 

The Border chiefs did not forget to keep themselves right 
with the administration at Washington. That was an ob- 
ject of great concern with them. They sent a special mes- 
senger to represent Kansas matters to the President and 
his cabinet. In order to retain the sympathy of the Demo- 
crats North and South, they denied that any outrages had 



1856.] EXTERMINATION. 27! » 

been committecl by them in Kansas ; they declared that 
pro-shivory men were behig driven from the country oi', 
shot down on their chiinis, and that the " invasion," ot 
which the aboUtion presses were saying so much about, Avas 
but the rush of a few Missourians to the rescue of theii- 
friends, and to give a helping hand to the Governor in up- 
hokling the hiws. They represented free state men as tac- 
tions and attempting to set up a government in opposition to 
the legally constituted one ab-eady established, and that in 
carrying out their undertaking they were assisted by money 
and arms from the East. In this way did they attempt to 
cover up their foul crimes and dark deeds, x^or were they 
unsuccessful, as an extract from the " Washington Star," a 
semi-olficial organ of the President, will show : 

" The latest troubles in Kansas grew wholly out of the 
fact that the free state men have already violated the terms 
of their recent agreement at Lawrence, in essaying to open 
the polls under the pretense of taking the sense of the peo- 
ple on their pretended State Constitution, The people o})- 
posed to them refused to put up quietly with their liagraiit 
disregard of their solemn pledges, and at Leavenworth and 
elsewhere smashed tlieir ballot-boxes and made their voting 
places too hot for them. That's all. Had they kept their 
faith there would have been no disturbance whatever." 

The South, which stood abashed at the high-handed acts 
of injustice tirst committed by the Border Ruffians, at 
length was led to participate in the struggle. In the latter 
part of l^Tovember, Jefferson Buford published his card, 
calling for three hundred 3'oung men capable of bearing 
arms, to go with him to Kansas. He promised to pay their 
passage there and furnish them the tirst year's support after 
their arrival, and guaranteed them a homestead of forty 
acres of land. He proposed to contribute §20,000 of Ids 
own funds towards the object, and solicited donations from 
others, whom he jiromised to remunerate in land. The 



280 HISTOEY OF KANSAS TERRITORY. 

" Eufaula Spirit of the South," alhidiug to this movement 
shortly afterwards said : 

" We are gratified to see that the proposed expedition of 
our friend, Major Buford, to Kansas, is beginning to attract 
the attention it so eminently deserves. Of late there has 
been an almost unmistakable stirring of the waters, and the 
South begins to move like the strong man in his sleep. 
Erom Virginia and Tennessee, from South Carolina, Geor- 
gia and Mississippi, every mail brings tidings of gallant 
young men buckling on their armor for the struggle that is 
to give Kansas to the South or surrender her to the vaga- 
bond creatures of the Emigrant Aid Society of Massachu- 
setts. Warm, true hearts all over the South yearn towards 
the fearless champion of our rights who nobly perils every 
thing in the cause. Meetings of the citizens in Montgom- 
ery and Columbus have recognized him as a leader worthy 
of the enterprise and the occasion, and have tendered him 
not only their sympathy, but material aid. At the former 
meeting, Colonel Gayle, of Dallas, pledged the people of 
his county for not less than ^5,000. Truly the work goes 
§ bravely on." 

The Legislature of 'Alabama appropriated $25,000 to- 
wards equipping and transporting emigrants to Kansas. At 
a meeting in Gainsville, Mississippi, the following resolu- 
tions were passed: 

" Resolved, That we regard the abolitionists as our dire 
and mortal foes, and denounce them as traitors to their 
God, who, in his beneficent wisdom, ordained the institution 
of slavery — as traitors to the laws of our common country, 
which acknowledge and sanction it, and as traitors to our- 
selves, whose injury and destruction they wantonly seek. 

'■'■ Besolved, That we form ourselves into a society to be 
called ' The Kansas Emigration Society,' and that we solicit 
the junction of every friend of Southern Rights in the 
country. 

" Resolved, That each member, upon admission, pay one 
dollar, and that the money so raised, and by voluntary con- 
tributions, be devoted to defraying the expenses of tlie 
above named emigrants to Kansas. 



1856.1 EXTERMINATION. 281 

" Resolved, That those patriotic Missouriaus who extended 
counsel and assistance to their fellow citizens of Kansas, are 
entitled to the warmest gratitude of the whole South. 

" Resolved, That, in the opinion of this meeting, the Leg- 
islature of Mississippi should place $25,000, subject to the 
order of the Governor of this State, to be employed when 
deemed expedient, in aid of the people of Kansas in de- 
fense of their legal and constitutional rights." 

Similar meetings were held in various Southern States 
Avith similar results. The Legislatures contributed in ac- 
cordance with these petitions. Emigrant Aid Societies 
were formed to induce young men to go to Kansas by pay- 
ing their expenses, and furnishing them with arms. They 
sent out men to vote and to fight. Accordingly Colonel 
Buford, of South Carolina ; Colonel Titus, of Florida ; Col- 
onel A\^ilkes, of Virginia; Captain Hampton, of Kentucky, 
and Colonel Treadwell, of South Carolina, all organized 
companies and arrived in Kansas early in the Spring. The 
following notices are copied from the Missouri papers : 

"Southern Sharp Shooters! Twelve young men, emigrants 
to Kansas, from South Carolina, arrived at St, Louis on 
Friday. They were armed with rifles, and determined to 
extend the ' area of slavery! ' " 

" A large body of Tennesseaus arrived at St. Louis on 
Saturday, on their way to Kansas. About fifty of the party 
carried rifles, and were amply supplied with munitions of 
war." 

The people of the border sent speakers into the Southern 
States " to fire'',the Southern heart," and solicit funds and 
emigrants. Silas Woodson, General B. F. Stringfellow, and 
others, were sent upon a mission of this kind. In Janu- 
ary, a letter, of which the following is an extract, went the 
rounds of the Southern press : 

* * * * " W^e are in a constant state of ex- 
citement here (Platte City.) The ' Border Enfiians ' have 
access to my rooms day and night. The very air is full of 



282 HISTORY OF KANSAS TERRITORY. 

rumors. We wish to keep ourselves right hefore the ^vo^]d, 
and we are provoked and aggravated beyond suiFerance. 
Our persons and property are not for a moment safe, and 
yet Vv^e are forced by the respect we owe our friends else- 
where, by respect for the cause in which we are engaged, 
to forbear. This state* of things can not last. You are au- 
thorized to publish the whole or part of what I have writ- 
ten. But if Georgia intends to do any thing, or can do any 
thing for us, let it be done speedily. 

" Let your young men come forth to Missouri and Kansas. 
Let them come well armed, with money enough to support 
them for twelve months, and determined to see this thing 
out. One hundred true men would be an acquisition ; tlie 
more the better. I do not see how we are to avoid civil 
war ; come it will. Twelve months will not elapse before 
war — civil war of the fiercest kind — will be upon us. We 
are arming and preparing for it. Indeed, we of the border 
counties are prepared. Vie must have the support of the 
South. We are fighting the battles of the South. Our 
institutions are at stake. You far Southern men are now 
out of the nave of the war; but if we fail it will reach your 
own doors, perhaps your hearths. We want men — armed 
men. We want money — not for ourselves, but to support 
our friends when they come from a distance. I have novv" 
in this house two gallant young men from Charleston, 
South Carolina. They are citizens of Kansas, and will re- 
main so until her destiny is fixetl. 

" Let your young men come in squads as fast as they can 
be raised, well armed. We want none but true men. 

" Yours, truly, I). R. Atchison. 

" P. S. I would not be astonished if this day laid the 
ground work for a guerrilla war in Kansas. I have heard 
of rumors of strife and battle at Leavenworth, seven miles 
from this place ; but the ice is running in the Missouri River 
and I have nothing definite. I was a peace-maker in the 
difficulty lately settled by Governor Shannon. I counseled 
the ruffians to forbearance; but I will never again counsel 
peace. ^D. R. A." 



1856.] FREE STATE PREPARATIONS. 283 



CHAPTER XXVI. 

FREE STATE PREPARATIONS AND PROCLAMATION OF THE PRES- 
IDENT. 

Xot a week passed after the Wakarusa war that the free 
state meu at Lawrence did not stand in constant apprehen- 
sion of an attack trom Border Ruffians. Rumors would 
reach them of some deep laid plan being perfected on the 
Border for the destruction of Lawrence, but its character 
was not fully known. Pro-slavery leaders would ride into 
town, consult members of their own party, and in a short 
time be in another settlement. Then the border presses 
were constantly teeming with invectives — threats and in- 
tiammatory appeals. It was evident that something was 
brewing secretly, but the more to be dreaded from the fact 
that it was secret. 

Messengers would bring reports of militar}^ stores being 
collected on the Border, and companies of men organizing ; 
and " that they were only awaiting a favorable change in 
the weather to comiuouee an littack." " It is supposed," 
says the " Herald of Freedom," " they premeditate an at- 
tack on horseback — probably after night — of two or three 
hundred persons, meeting simultaneously from different 
})oints, and that they propose an arrest of several of our 
principal citizens, and then flee as they came, to make an- 
other attack after they shall have tortured and finally killed 
their victims, as was the case with the martyred Brown." 



284 HISTORY OF KANSAS TERRITORY. 

" We understand that an attack is'also expected at Topeka, 
and tliat our friends there are also preparing for defense." 
"The friends of freedom in the East may be prepared at any 
time to hear of the blow being struck. When the war 
shall be opened in Kansas it will be under different auspices 
than on former occasions. It will be a struggle in earnest, 
and we appeal to our friends in the north and the east to 
hold themselves in readiness to march at a moment's notice 
to our rescue. They may rest assured that the people of 
Kansas will stand upon the right, and that they will die be- 
fore they will surrender." 

From all that the free state men could see the signs of 
the times angered trouble, war and extermination. They 
knew that if the attack was not made in the winter, the 
difhculties would be renewed in the spring, not by Border 
Ruffians alone, but also by ruffians and scrapings of South- 
ern cities. Dark and gloomy was the prospect of the scat- 
tered freemen of Kansas. Far removed from friends and 
aid ; with a large and inimical State intervening to cut off 
succor in the hour of trial , with no chance of subsistence 
only from what they raised from their fields and little hope 
of being able to till them ; with a dark clond ready to burst 
upon their heads, which was still more dark and portentious 
towards the horizon — they did not despair, but resolved to 
prepare, as best they could, for the worst. 

Lawrence strengthened her fortifications. The largest 
earthwork stood at the foot of Massachusetts Street, to 
guard the approach from the river. It was one hundred 
feet in diameter, five feet high, and four feet wide on the 
top. Upon this the sentinel made his constant beat. In- 
side was a cabin for the comforts of soldiers, \Yith. arms and 
ammunition. 

Companies were armed, equipped and mustered into ser- 
vice. The most noted of these was Company *' A," called 
" Stubbs," from their stubby appearance. Couriers w^ere 
dispatched through the Territory to give warning to free 



1856.] FREE STATE PIlEPAllATlo>vS. 285 

state men of tlio cx})Octed attack, ;uk1 to liohl tlieinaclvos in 
readiness to come to the rescue. vVrms, aniiiiimitioii and 
jirovisions were collected from the vicinity and stored in 
the city. The Free State Hotel was a barrack for soldierr^ ; 
pistols and guns lay on tlie mantle pieces, stood in the 
chimney corners ; officers slept in their council rooms. 

On the 4th of January the Executive Committee ap- 
jiointed a deputation, consisting of Messrs. Lane, Emery, 
Hunt, Goodin, Dickey and lloUiday, to visit all the princi- 
pal towns of the free States " to plead the cause of the peo- 
ple of Kansas, and convey and lay before Congress the Con- 
stitution of the State recently adopted." The Governors 
of the free States were addressed 1)y the same committee 
and appealed to for aid. Governor Wright, of Indiana, re- 
sponded at length, refusing any sudi assistance, on the 
ground that it would be derogatory to the principles of non- 
intervention, and that if the people of the Territory were 
aggrieved it was the duty of the President of the Ignited 
States to redress them. But letters of sympathy and 
promises of aid came in abundance from other quarters. 
The protection of the general Government Avas invoked by 
the following letter to the President : 

" Lawrence, K. T., January 21, 1850. 
"Hon. Franklin Pierce, Pnsidcnt of the United States: 

"Sir: We have authentic information that an over- 
whelming force of the citizens of Missouri arc organized on 
the Border, amply supplied with artillery, for the avowed 
purpose of invading the Territory, demolishing our towns 
and butchering our unoft'ending free state citizens. AYe re- 
spectfully demand, on behalf of the citizens of Kansas, that 
the commandant of the United States troops in this vicinity, 
be instructed to interfere to prevent such an inhuman out- 
rage. Pespectfully, " J. H. Lane, 

" Chairman of Executive Committe, Kansas Territory. 

" C. Robinson, Chairman Executive Committee of Safety. 

"• J. K. Goodin, 

" Secretary of Executive Committee, Kansas Territory. 

"George W. Deitzler, Secretary of Committee of Safety." 
34 



286 HISTORY OF KANSAS TERRITORY. 

lu two days aftenvarda they addressed another letter to 
the same official, requesting him to issue Ids proclamation 
forbidding an invasion. The President, whose ear had al- 
ready listened to other representations, numbered the free 
state men among the disturbers of the peace, and equally 
as guilty as the Border Ruffians, in the following proclam- 
ation : 

" "Whereas, Indications exist that public tranquillity and 
the supremacy of law in the Territory of Kansas, are en- 
dangered by the reprehensible acts, or purposes of persons, 
both within and without the same, who propose to control 
and direct its political organizations by iorce; it appearing 
that combinations have been formed therein to resist the 
execution of the Territorial laws, and thus, in effect, sub- 
vert by violence all present constitutional and legal au- 
thority ; it also appearing that persons residing without 
this Territory, but near its borders, contemplate armed 
intervention in the affairs thereof; it also appearing 
that other persons, inhabitants of remote States, are 
collecting money and providing arms for the same 
purpose; and it further appearing that combinations 
in the Territory are endeavoring, by the agencies of 
emissaries and otherwise, to induce individual States of the 
Union to interfere in the affairs thereof in violation of the 
Constitution of the United States ; and, whereas, all such 
plans for the determination of the future institutions of the 
Territory, if carried into action from or within the same, 
will constitute the fact of insurrection, and from without 
that of invasive aggression, and will in either case justify 
and require the forcible interposition of the whole power of 
the General Government, as well to maintain the laws of the 
Territory as those of the Union. 

"IN'ow, therefore, I, Franklin Pierce, President of the 
United States, do issue this my proclamation, to command 
all persons engaged in unlawful combinations against the 
constituted authority of the Territory of Kansas, or of the 
United States, to disperse and retire peaceably to their re- 
spective abodes, and to warn all such persons that an at- 
tempted insurrection in said Territory, or aggressive intru- 
sion into the same, will be resisted, not only by the employ- 
ment of the local militia, but also by that of any available 



1856.] FREE STATE PREPARATIONS. 287 

forces ot the United States ; to the end of assuring immu- 
nity from violence and full protection to the persons, prop- 
erty and civil rights of all peaceful and law abiding inhabi- 
tants of the Territory. 

"If in any part of the Union the fury of faction or fa- 
naticism, inflamed into disregard of the great principles of 
I'opular Sovereignty, which, under the Constitution, arc 
fundamental in the whole structure of our institutions, is 
to bring on the country the dire calamity of an arbitrament 
ot arms in that Territory, it shall be between lawless vio- 
lence oil one side and conservative force on the other, 
wielded by legal authority of the General Government. 

"I call on the citizens, both of adjoining and of distant 
States, to abstain from unauthorized intermeddling in the 
local concerns of the Territory, admonishing them that its 
organic law, is to be executed with impartial justice ; that 
all individual acts of illegal interference, will incur condign 
punishment, and that any endeavor to interfere by organ- 
ized force, will be hrmly withstood. 

"I invoke all good citizens to promote order by render- 
ing obedience to the law ; to seek remedy for temporaiy 
evils by peaceful means ; to discountenance and repulse the 
counsels and the instigations of agitators and disorganizers ; 
and to testify their attachment to their i)ride in its great- 
ness, their appreciation of the blessings they enjo}', and 
their determination that republican institutions shall not 
fail in their hands, by co-operating to uphold the majesty of 
the laws and to vindicate the sanctity of the Constitution. 

" In testimony whereof, I have hereunto set my hand and 
caused the seal of the United States to be affixed to these 
presents. 

" Done at the City of Washington, eleventh day of Feb- 
ruary, in the year of our Lord, one thousand eight hundred 
and fifty-six, and of the Independence of the United States 
the eightieth. 

" By the President. Franklin Pierce. 

" W. L. Marcy, Secretary of State." 

This proclamation was evidently aimed at the free state 
men, and only tended to render their condition more help- 
less. While it arrayed their movements in disowning the 
Shawnee Legislature and refusing to observe its euactme nts 



288 HISTORY OF KANSAS TERRITORY. 

directly against the power of the United States, it in no 
way restrained the violence of the Border Ruffians, 
who claimed to be acting under the laws and officers 
of their own making. This proclamation was received 
with general satisfaction among the pro-slavery men, ex- 
cept in one particular, viz : that they were engaged in open 
resistance to the laws of the Territorv. At a meetine; in 
Independence, Missouri, called to consider the proclama- 
tion, they passed resolutions denying that the people of the 
Border had in any way sought to resist the laws of the 
Territory, and proffering their assistance to the President to 
aid in the execution of said laws. Surely this was cool. 
Why should Missourians resist the law^s ? The}'' made them 
and could change them whenever they wished. Said one 
of their spokesmen in the Wakarusa W' ar . "We made 
them— Missouri made them — sir, and she has a right to 
enforce them ; and if she don't wdio will ?" Then this 
proclamation added " the wdiole force of the Government" 
to that of Missouri, in upholding the " bogus laws" of tlie 
Territory. 

On the 16th of February, by a letter from Secretary 
Marcy, Governor Shannon was authorized " to make requi- 
sition upon the officers commanding the United States mil- 
itarj^ forces at Fort Leavenworth and Fort liiley, for such 
assistance as may be needed" '' for the suppression of insur- 
rectiouary combinations, or armed resistance to the execu- 
tion of the laws." 



1856.] STATE LEGISLATUEE. 289 



CHAPTER XXVII. 



STATE LEGISLATURE. 



The winter passed by without any attack from the Mis- 
sourians. It was the opinion of many that if the assault 
should be deferred, it would take place on the 4th of March, 
when the State Government should'' go into operation. 
" Senator Atchison, in his speech in Platte City," some time 
in February, "told his friends to hold themselves in readi- 
ness against the 4th of March, when they should be called 
upon to march into the Territory." A notice likewise ap- 
peared in the Independence "■ Dispatch," " for the militia of 
the border counties of Missouri to rendezvous at Fort 
Scott'' on the 29th of February. These militia consisted of 
mounted riflemen, who could sweep through the Terri- 
tory without opposition. 

It was confidently asserted l)y the pro-slavevy men after 
the President had issued his proclamation, that the assem- 
bling and organization of the free state Legislature, by its 
members taking the oath of office, would render them guilty 
of treason. President Pierce, in his message to Congress, 
had denounced the free state movement as revolutionary in 
character, and that if it should reach an organized resis- 
tance to the Territorial laws, it should be suppressed by the 
power of the General Government, and denominated it 
^'treasonable insurrection.'' It was, therefore, feared by 
the friends of the free state movement that the members of 



290 HISTORY OP KANSAS TERRITORY. 

the Legislature, on taking the oath of office, together with 
the state officers, would render themselves liable to arrest, 
on which account many advised against this step. 

]!^evertheless, the Legislature convened on the 4tli of 
March, at Topeka, and likewise the officers of the State 
Government, agreeable to the call of the chairman of the 
Executive Committee. The House was called to order by 
Colonel J. II. Lane, the oath of office administered, and the 
roll called by the Secretary 'pro tern. Thirty-two men re- 
sponded to their names as called. T. Miuard, of Eastin, 
was elected Speaker ; J oel K. Goodin, of Blanton, Clerk ; 
Samuel Tappan, of Lawrence, assistant Clerk; J. Snod- 
grass and J. K. Goodin transcribing Clerks, and J. Mitch- 
ell Sergeant-at-Arms. The Senate having organized, both 
Houses went into joint session, to witness the installation of 
State officers. They all took the oath of 'office, which w^as 
administered by John Curtis, President pro tempore of the 
Senate. The Governor then delivered his inaugural ad- 
dress, of which one thousand copies were ordered to be 
printed. 

The following day the Governor's message was received 
by both branches of the Assembly. It was a straight for- 
ward and high toned document. After referring to the dif- 
ficulties in the way of forming a new state government, and 
calhng attention to many subjects of importance that should 
engage their consideration, he referred to the relation of the 
new State government to that of the Territorial government, 
in the following discreet manner : 

" It will be remembered that a skeleton of a government 
still exists in our midst, under the Territorial form, and al- 
though this was but the foreshadowing of a new and better 
covenant, collision with it should be carefully guarded 
against. A Territorial Government should be transient in 
its nature, only writing the action of the people to form one 
of their own. This action has been taken by the peoj^le ot 
Kansas, and it only remains for the general Government to 



1856.] STATE LEGISLATURE. 201 

suspend its Territorial appropriations, recall its officers, and 
admit Kansas into the Union as a sovereign State. 

" The reasons why the Territorial Government should be 
suspended and Kansas admitted into the Union as a State, 
are various. In the first place it is not the government of 
the people. The executive and judicial officers have been im- 
posed upon the people by a distant power, and the officers 
thus imposed are foreign to our soil, and are accountable 
not to the people, but to the Executive 2,000 miles distant." 

" Again ; Governments are instituted for the good and 
protection of the governed, but the Territorial Government 
of Kansas has been, and still is, an instrument of opprcs- 
and tyranny, unequalled in the history of our Republic. 
The only ollicers that attempted to administer the lavv^s im- 
partially, have been removed, and persons substituted who 
have aided in our subjugation." 

" The Territorial Government should be withdrawn, be- 
cause it is inoperative. The officers of the law permitted 
all manner of outrages and crime to be perpetrated by the 
invaders and their friends with impunity, while citizens 
proper are naturally law abiding, and order lo^dng, disposed 
rather to suffer than do wrong. Several of the most ag- 
gravated murders on record have been committed, but as 
tong as the murderers are on the side of the oppressors no 
notice is taken of them. Kot one ot the whole number has 
been brought to justice, and not one will be by the Terri- 
torial officers. While the raauraders are thus in open vio- 
lation of all law, nine-tenths of the people scorn to recog- 
nize as law the enactments of a foreign body of men, and 
would sooner lose their right arm than bring an action in 
one of their misnamed courts. Americans can suffer death, 
but not dishonor, and sooner than the people will consent 
to recognize the edicts of the lawless as laws, their blood 
will mingle with the waters of the Kansas, and this Union 
will be rolled together in civil strife." 

He then proceeded to review the late Legislature and the 
conduct of the President of the United States with reference 
to it, and likewise with reference to the free state move- 
ment. 



292 HISTORY OP KANSAS TERRITORY. 

Three Cominissiouers were appointed l)y joint ballot of 
both Houses to codify the laws for the State of Kansas. J. 
li. Lane and A. 11. Reeder were elected United States Sen- 
ators, to take their seats when the State should be ad- 
mitted. Rules and regulations to govern the deliberations 
of the Legislature were reported and adopted. Several 
bills of too little importance to note were passed. Salaries and 
duties of State officers were fixed, and a bill for the en- 
couragement of agriculture was passed. A memorial for 
Cono-ress, in a Conference Committee of both bodies of the 
Legislature, was prepared^and passed, asking the admission 
of Kansas to the Union as a State, under the Topeka Con- 
stitution. Without taking any steps that would necessarily^ 
bring the two governments in the Territory in conflict, the 
Legislature on the 15th ot March adjourned until the 4th 
of July, 1856. They were'not interrupted in their deliber- 
ations by attempts at arrest or interference of any kind. 
Sheriff Jones, however, attended the sessions, taking notes 
and recording the names of members and officers in a mem- 
orandum book. 

The Executive Committee of Kansas Territory made its 
report to the Legislature and closed its existence. Its du- 
ties, powers, privileges and responsibilities, passed into the 
Executive Department of the new government. The work- 
ings of this committee, which exercised the functions of the 
primitive free state government, and directed the movement, 
which resulted in a free state organization, demands a more 
extended notice. The following is clipped from the "Ilerald 
of Freedom," and no doubt perfectly reliable : 

" The committee held a meeting in Lawrence to decide 
upon a plan of action. Colonel Lane was appointed chair- 
man and J. K. Goodin Secretary. They opened an office, 
and were almost constantly in session. Without money or 
any means, save such as was furnished by themselves, or 
the script which they issued, they organized the entire Ter- 
ritory into election districts, and held the election of Octo- 



1856.] STATE LEniSLATURE, 2^3 

her 9, 1855, for Delegates to the Charleston Convention. 
The expenses ot that convention were defrayed by scrip, us 
were all the incidental expenses of sending agents through 
the Territory with election documents, holding elections and 
making returns at the adoption of the Constitution on the 
15th of December, as well as the election of officers under 
it, on the 15th of January following. 

" It is difficult to convey to the reader an idea of the vast 
amount of unrequited labor, which was performed on that 
occasion, and by that Committee. Judge Schuyler was 
commissioned, in December of 1855, to visit the East, and 
solicit funds for the Committee ; but instead of appropriating 
the funds raised by him to enable the Committee to go on 
with their onerous duties, they w^ere employed to pay the 
expenses of defending Lawrence against the invasion from 
Missouri, indorsed by Governor Shannon. 

'' Mr. Parrot also visited the East, his object being more 
specifically to make the acquaintance of members of Con- 
gress, and interest them in the affairs of Kansas, and in 
favor of the new'>' constitution. It so happened that Mr. 
Holliday was compelled to be absent most of the time from 
the Executive sessions ; hence, on the four remaining mem- 
bers ot the Committee devolved the })rincipal burden. Col- 
onel Lane and Judge Smith were actively employed con- 
tinually, while Mr. Goodin, as Secretary, found hardly time 
to repose. Their office was shifted from place to place to 
accommodate the necessities of the occasion, and during the 
winter it w^as with the greatest difficulty, at times, they 
could get lip sufficient warmth to keep their hands in a con- 
dition for w'riting. 

" The Committee, through their chairman, after having 
organized a State Legislature, submitted to that body a full 
report of their action, from which it appears that the whole 
cost of organizing, and perfecting the State Government to 
that date was but a triHe over eleven thousand dollars. 
They rendered to that body their books and papers, and 
thus completed their labor. Whether beneficial or other- 
wise, they accomplished with fidelity the duties they were 
commissioned to perform ; and completed, in the brief pe- 
riod of loss than six months, all the necessary work of pro- 
jecting and setting in motion a State Government, and that 
in the face of diiliculties, which ordinary men under like 
circumstances would have abandoned as impracticable. 
35 



294 HISTOKY OF KANSAS TERRITORY. 

'' Complaints were made at the time because the constitu- 
tion was not earlier submitted to Congress after its adoption 
by the people. The Committee vindicated themselves 
against this charge, and amply sustained their position be- 
fore the country for the delay. They claimed that it was 
inexpedient to submit it to Congress until that body was 
fully organized, which was prevented by divisions there 
until near the close of January ; then the difficulties at 
Eastin followed, which delayed action until about the time 
the State Legislature were to convene, when it was thought 
best to accompany it with a memoriaPfrom the State Leg- 
islature." 

The writer has looked over the records of the Treasurer 
of the Executive Committee, and ^ascertained therefrom 
that the total amount of scrip issued by that body was 
$15,265.90. The Topeka Constitution required the first 
Legislature to make provisions for the redemption of this 
script, which it did; but as the Legislature itself never had 
any practical existence, its legislation was of no avail. 
This scrip at first was bought and sold in market, a con- 
siderable amount negotiated in the East to the friends of 
Kansas, and those who had faith in the Topeka Govern- 
ment. Much of it was employed in carrying on the Wa- 
karusa war. When it became apparent that the Topeka 
Government would not succeed, it lost its value, and finally 
became worthless when that government was abandoned. 

The following were the members of the first free state 
Legislature : 

SENATORS. 

Adams, J. M. Cole, J. Curtis, J. Daily, — Dunn, L. Fish, 
P. Fuller, J. C. Green, B. Harding, G. S. Hillyer, H. M. 
Hook, J. M. Irvin, D. E. Jones, S. B. McKenzie, B. W. 
Miller, J. H. Pillsbury, J. E. Khaum, T. G. Thornton, W. 
W. L^pdegraff. 

REPRESENTATIVES. 

S. N. Hartwell, J. B. Abbott, John Hutchingsou, H. F. 
Saunders, James Blood, C. Hornsbury, E. B. Purdam, J. 



1856.] STATE LEGISLATURE. 295 

McGee, M. C. Dickey, W. R. Frost, W. A. Sumnerwell,',^. 
McWhinney, S. T. Shores, S. R. Baldwin, David Rees, I). 
W. Cannon, Isaac Landers, J. M. Artlinr, II. H. AVilliam.s, 
H. W. Labor, A. B. Marshall, J. D. Adams, T. W. Piatt, 
Rees Furby, B. II. Brock, John Landis, E. R. Zimmerman, 
W. T. Burnett, L. V. Patty, F. A. Minard, Isaac Cady, 
Thomas Bowman, J. Brown, jr., Henry Todd, J. Hornby, 
Abraham Barre, Richard Murphy, WiUiam Hicks, B. R. 
Martin, William Bayliss, J. W. Stevens, J. K. Edsaul, S. J. 
Campbell, S. Goslin, II. B. Strandilord, Isaac B. Iliggin?, 
T. J. Addis, D. Toothman, William McClure, J. B. Wetson, 
William B. W^ado, A. Jameson, A. D. Jones, William 
Crosby, S. Sparks, R. P. Brown, A. Fisher. 



296 HISTORY OF KANSAS TERRITORY. 



CHAPTER XXVIII. 

CONGRESS INVESTIGATING COMMITTEE. 

The thirty-fourth Congress assembled on the 3d day of 
December, 1855. In the House neither party liad a major- 
ity ; the Senate was strongly pro-slavery. Congress par- 
took of the excitement in which Kansas was involved, and 
which affected the whole country. Xine weeks were con- 
sumed in repeated efforts by the House to elect its Speaker. 
Finally a majority voted that the plurality rule should be 
applied to end the contest, whereupon Mr. X. P. Banks was 
elected. This was regarded as an anti-slavery triumph. 

On the 4th of February Mr. Whitfield appeared as the 
duly elected delegate from Kansas Territory, was sworn in 
and took his seat in the House of Representatives. Mr. 
Reeder then came forward and gave notice that he would 
contest the seat of Mr. Whitfield, as the duly elected dele- 
gate from Kansas Territory. The latter claimed his seat 
because elected according to law, the former, because elected 
by the settlers of Kansas Territory. 

The House, which had the power to determine the quali- 
fication of its members, chose not to trust to conflicting ru- 
mors in regard to Kansas affairs, but appointed a committee 
on the 19th of March to proceed to the scene of difficulties 
and take depositions in regard to them. The following are 
the resolutions of the House providing for the committee : 



1856.] INVESTIGATING COMMITTEE. 

"March 19, 1856. 

" Resolved, That a committee of three of the members 
of this House, to l)e appointed by the Speaker, shall proceed 
to inquire into and collect evidence in regard to the troubles 
in Kansas generally, and particularly in regard to any fraud 
or force attempted or practiced, in reference to any elections 
which have taken place in said Territory, either under the 
law organizing said Territor}^ or under any protended law 
which may bealleged to have taken effect therein since. That 
they shall fully investigate and take proof of all violent and 
tumultuous proceedings in said Territory at any time since the 
passage of the Kansas- jS'ebraska act, whether engaged in 
by residents of said Territory, or by any person or persons 
from elsewhere, going into said Territory, and doing or en- 
couraging others to do any act of violence or public dis- 
turbance against the laws of the United States, or the rights, 
peace and safety of the residents of said Territory, and for 
that purpose said committee shall have full power to send 
for and examine and take copies of all such papers, public 
records and proceedings as in their judgment shall be useful 
in the premises; and, also, to send for persons and examine 
them on oath or affirmation as to matters within their 
knowledge touching the matters of said investigation ; and 
said committee, by their chairman, shall have power to ad- 
minister all necessary oaths or affirmations connected with 
their aforesaid duties. 

" Resolved, farther, That said committee may hold their 
investigations at such places and times as to them may 
seem advisable, and that the\^ have leave of absence from 
the duties of this House until they shall have completed 
su&h investigation. That they be authorized to employ one 
or more clerks and one or more assistant sergeants- 
at-arms to aid them in their investigations ; and may 
administer to them an oath or aflirmation faithfully 
to perform the duties assigned to them respectfully, 
and to keep secret all matters that may come to their 
knowledge, touching such investigation as said committee 
shall direct, until the report of the same shall be submitted 
to this House; and said committee may discharge any such 
clerk or assistant sergeant-at-arms, for neglect of duty or 
disregard of instructions in the premises, and employ others 
under like regulations. 



298 HISTORY OP KANSAS TERRITORY. 

'■'' Resolved, further, That if any person shall in any man- 
ner obstruct or hinder said committee, or attempt to do so 
ill their said investigation, or shall refuse to attend on said 
committee, and to give evidence when summoned for that 
purpose, or shall refuse to produce any paper, book, public 
record, or other proceeding in their possession or control, to 
said committee when so required,- or shall make any dis- 
turbance where said committee are holding their sittings, 
the said committee may, if they see fit, cause any and every 
such person to be arrested by said assistant sergeant-at-arms 
and brought before this House, to be dealt with as for con- 
tempt. 

^^ Resolved, further, That, for the })urpose of defraying the 
expenses of said commission, there be and hereby is appropri- 
ated the sum of ten thousand dollars ($10,000) to be paid 
out of the contingent fund of this House. 

" Resolved, further, That the President of the United 
States be and is hereby requested to furnish to said com- 
mittee, should they be met with any serious opposition by 
bodies of lawless men, in the discharge of their duties 
aforesaid, such aid from any military force as may at the 
time be convenient to them, as may be necessary to remove 
such opposition, and enable said committee, without moles- 
tation, to proceed with their labors. 

" Resolved, farther. That when said committee shall have 
completed said investigation, they report all the evidence so 
collected to this House." 

The following gentlemen were appointed members of this 
committee by the Speaker: Messrs. John Sherman, of 
Ohio ; William A. Howard, of Michigan, and Mordecai Oli- 
ver, of Missouri. The committee, with four clerks, one re- 
porter, and three sergeants-at-arms, arrived at Lecompton 
on the 18th of April, and immediately entered upon their 
work. Messrs. Reedcr and Whitfield were requested to be 
present at the examination of witnesses, and to subpoena 
such witnesses as they chose. Many }»ublic papers and 
documents at Lecompton were authorized to be copied b}' 
the Committee. On the 28d of that month they met at 
Lawrence, where they began taking depositions. After 



1856J INVESTIGATING COMMITTEE. 200 

taking sixty-four they adjourned successively to the follow- 
ing pUices, and continued their examinations : Tecumseh, 
Lawrence, Leavenworth City, Westport, steam boat "Polar 
Star," Detroit, New York and Washington. They wore 
absent four months, and took three hundred and twenty- 
three depositions, and gathered a mass of various doc- 
uments, all tending to throw light upon the afl'airs of Kan- 
sas. Their report was published in full, making a large 
octavo volume of twelve hundred and six pages, and con- 
taining an exposition of the most flagrant crimes and 
wanton outrages ever perpetrated in America. The com- 
mittee reported "the following facts and conclusions as es- 
tablished by the testimony : " 

" First, That each election in the Territory, held under 
the organic or alleged Territorial law, has been carried by or- 
ganized invasion from the State of Missouri, by which the 
people of the Territory have been prevented from exercis- 
ing the rights secured to them by the organic law. 

" Second, That the alleged Territorial Legislature was an 
illegally constituted body, and had no power to pass valid 
laws, and their enactments are therefore null and void. 

" Third, That these alleged laws have not, as a general' 
thing, been used to protect persons and property and to 
punish wrong, but for unlawful purposes. 

" Fourth. At the election under which the sitting dele- 
gate, John W. Whitfield, holds his seat, was not held in 
pursuance of any valid law, and that it should be regarded 
only as the expression of the choice of those resident citi- 
zens who voted for him. 

" 1 ifth. That the election under which the contestant del- 
egate, Andrew H. Ivoedcr, claims his seat, was not held in 
pursuance to law, and that it should be regarded only as 
the choice of the resident citizens who voted for him. 

" Sixth. That Andrew II. Reeder received a greater num- 
ber of votes of resident citizens than John W. Whitfield for 
delegate. 

" Seventh. That in tlie present condition of the Territory 
a fair election can not be held without a new census, a 
stringent and well guarded election law, the selection of im- 



300 HISTORY OF KANSAS TERRITORY. 

j)art.ial judges, and the presence of tbe United States troops 
at every place of election. 

" Eighth, That the various elections held by the people 
of the Territory, preliminary to the formation of the State 
government, have been as regular as the disturbed condi- 
tion of the Territory would allow ; and that the Constitu- 
tion passed by the convention held in pursuance of such 
elections embodies the will of the majority of the people." 

The appointment of this committee was the work of the 
anti-slavery sentiment in the House, supported by those 
who desired the development of truth. Many of the peo- 
ple of the J^orth imagined that the Kansas difficulties grew 
in an equal measure out of the distinct factions of settlers, 
pro-slavery and free state men, each aided and abetted by 
societies in the States. Others were disposed to regard ac- 
counts of invasion and outrages by Border Euffians as 
greatly exaggerated. The appointment of this Committee 
was hailed with feelings of satisfaction in the ISTorth, as 
being the means of exhibiting the true status of affairs in 
the Territory of Kansas, and shaping the action of Congress 
in accordance with the wishes of the actual settlers. 

On the other hand, the appointment of this Committee 
was bitterly opposed by pro-slavery men. I^inety-three 
voted against it in the House of Representatives, and one 
hundred and one for it. They had no desire to have mat- 
ters settled in Kansas equitable and just to both parties in- 
terested. They fully knew the character of the proceedings 
of the Missourians, and had been advisory to them all. 
From the very beginning of the Kansas controversy, they 
had resolved that Kansas should be made a slave State, re- 
gardless of the means employed. They, therefore, desired 
no peaceable settlement of the question, unless it should be 
by surrendering Kansas up to slavery vrithout a struggle. 

Stung to madness by the prospect of having their black 
designs and vicious conduct exposed to the world, and the 
cause of justice vindicated, the Border Ruffians plunged 



1856.] INVESTlGATIN(i COMMITTEE. 



301 



into greater excesses of oppression and wickedness. Con- 
tempt for the General Government was openly declared, 
that Kansas should be made a slave State at every hazard, 
and in case of any interference on the part of Congress, the 
Union should be shivered into fragments. 

They immediately began to carry out tlieir previous and 
oft-repeated threats of war and extermination. The idea 
of blockading the Missouri was first announced in the 
" Squatter Sovereign," in these words : 

" We suggest the propriety of the ' Border Ruffians' es- 
tablishing a Quarantine, some where between St. Louis and 
Kansas City, where all steam boats may be searched, and 
the infectious political papers be prevented from tainting 
the air of Kansas Territory with their presence. We see 
no impropriety in, and should they not do it, they will have 
to bear the name of having so done. Have they not been 
branded as ' Ruffians,' ' Cut-throats,' ' Robbers ' and ' Trai- 
tors' — if they are to bear such names, let them do some- 
thing, we say, that will entitle them to the ' honor.' We are 
opposed to receiving something for nothing. We suggest 
Lexington as a suitable place for the establishment of a Po- 
litical Quarantine." 

This suggestion, which seemed ridiculous at first, was 
subsequently practically carried out. On the 9th of March 
the steamer "Arabia " was detained at Lexington, and a lot 
of Sharp's rifles, in the care of Mr. Hoyt, designed for the 
free state men, were taken off and retained by a mob. 
Henceforth wo shall repeatedly notice the searching ot boats, 
the indignities heaped upon free state passengers, and their 
frequent arrest and detention, until we shall see the Mis- 
souri River entirely blockaded against free state emigrants. 

The Rev. Pardee Butler, as he was passing through 
Atchison, on the oOth of March, was again seized by a mob 
and subjected to gross indignities. The Ruffians, princi- 
pally Southerners, headed by Robert S. Kelly, gave him a 
7 nock trial, first sentenced him to be hung, but after- 
36 



302 HISTORY OF KANSAS TERRITORY. 

Avards changed it. They stripped him of his clothing to 
the waist, then applied tar and " cotton wool " to his hody. 
Placing him in his buggy they conducted him to the sub- 
urbs of the city, and sent him home to his family on 
Stranger Creek, with the emphatic assurance that if they 
should catch him in Atchison again, they would certainly 
hang him. 

The Investigating Committee made their report on the 
1st of July to the House. The Committee on Contested 
Elections soon after introduced a resolution to oust Mr. 
"Whitfield and admit Mr. Reeder, which was lost by 19G 
nays to 3 yeas. The question was divided and the resolu- 
tion ousting Mr. Whitfield was passed, August 4, by 110 
yeas to 92 nays ; while the resolution admitting Mr. Reeder 
was defeated by 113 nays to 88 yeas. 



1856.] ARRESTS AND EXPULSIONS. .308 



CHAPTER XXIX. 

THE LEADING FREE STATE MEN ARRESTED, OR DRIVEN FROM THE 

TERRITORY. 

In April emigration from the diiferent States in the Union 
began pouring into the Territory. In consequence of the 
threatening prospect of Kansas, a general interest and sym- 
pathy was felt for her free state settlers. Public meetings 
were held, speeches made, and exhortations given, for men 
to go to the rescue of the overpowered free state men in 
Kansas. Though many came to find homes in the Terri- 
tory, yet others came more especially on account of the an- 
ticipated conflict. They came armed, prepared for, and 
expecting, a battle. 

Among those who had gone East to lecture on Kansas 
difficulties, was Mr. S. !N^. Wood. He had left Kansas soon 
after the Wakarusa war to escape arrest by tSherift' Jones. 
He returned in April with a party of about one hundred 
from Ohio. Mr. Wood was identified with the free state 
movement from the beginning, and contributed much to its 
success. He is a genius in his way; extremely radical, 
always in politics and always elected. He is as aspiring, 
scheming and ambitious as Lane was, but a better man in 
principle and morals. He is now a Kansas Judge, and re- 
sides at Cotton Wood Ealls. 

Emigration likewise poured in from the South in great 
numbers. They were chictly young men, of vicious and 



304 HISTORY OF KANSAS TERRITOllY. 

reckless characters. They were a mercenary set of rogues, 
who had been hired to come out and subdue Kansas. Their 
expenses were paid, a j'ear's support guaranteed, and a 
promise of a homestead given. We have ah'eady noticed 
the preparation of the South to send out men to maintain 
slavery in Kansas. They came armed, as we have seen, 
and desired and expected a fight. 

The chief band of Southern emigrants that came into the 
Territory this spring was led by Colonel Buford. They were 
a desperate class of young men, composed chiefly of thieves 
and robbers from Southern cities. They robbed their leader 
of a considerable sum of money on their way up the Mis- 
souri River, and soon fell into disrepute with the Missou- 
rians. On arriving at Kansas City, they were drawn up in 
military array and called upon to sign a pledge, and in the 
most sacrilegious manner, upon their bended knees, gave 
an oath that they would not leave Kansas until it was made 
a slave State ; that they would be ready to fight for " South- 
ern rights whenever called upon ; that they would never 
vote anything but the pro-slavery ticket, and should be 
subject to the direction of their leaders," &c. A business 
contract was likewise promulgated, which' created dissatis- 
faction, because the Southern youths declared it different 
from that which had been presented on their settmg out. 
They were quartered for some time along the Border, and 
supported by contributions from the South and levies upon 
the Border towns. We shall narrate some of the flagrant 
acts and brutal outrages committed by these Southern 
gentry during the following summer, 

ITot all of these Southern emigrants were rogues. Some 
were high minded fand honorable young men, many of 
whom soon became disgusted with the whole pro-slavery 
proceedings in Kansas and returned home. 

The persecutions Avere commenced by attempts on the 
part of Territorial authorities to arrest free state men for 
old or trivial ofi'enses. On the lOth of A})ril Sherifi' Jones 



1856.] ARRESTS AND EXPULSIONS. * 305 

made his appearance in Lawrence, and proceeded to arrest 
S. N. Wood, who had just returned, upon the stale charge 
of rescuing Branson. lie obtained possession of his person, 
but a crowd gathering around, by a kind of sportive mock- 
ery and ridiculous interference, diverted the Sheriff's atten- 
tion, slipped his pistol from him, and permitted the pris- 
oner to quietly walk away. Jones thus bafiied in the dis- 
charge of his functions as bogus Sheriff, left the town in 
rage and repaired to Lecompton. There he gathered a 
posse of four men, and returned to Lawrence on the fol- 
lowing day — Sunday — with additional warrants against 
those who had indirectly aided Wood's escape. The citi- 
zens were quietly and peaceably assembling for church 
when he entered the town. lie summoned some of those 
with whom he met to assist him in his arrests, but they 
passed on and paid no attention to him. He searched for 
Wood, but was unable to find him. Seeing Tappan, one of 
Branson's rescuers, in the crowd, which by this time had 
gathered to witness the pompous display of legal authority, 
the Sheriff pounced upon him with great violence. It will 
be remembered that this individual had been arrested be- 
fore, and was anxious for trial in order to test the Territo- 
rial laws in the Supreme Court; but he could not get a 
hearing before the Territorial Courts. Jones having seized 
him so roughly, he struck the ofhcial. This was indignity 
and contempt enough. The Sheriff left in rage, declaring 
" he would bring in the troops, and the arrests should be 
made. He bad now some forty names on his paper, against 
whom warrants should be served." 

This was no empty threat; for the execution of it would 
afford a pretext for what the Sheriff' had long plotted to 
accomplished — the destruction of Lawrence. On returning 
to Lecompton he addressed the Governor, stating the above 
facts, and that he had been resisted in his attempts at ar- 
rests, his prisoners rescued and viokMiee offered himself, and 



306 HISTORY OF KANSAS TERRITORY. 

called upon the Governor for a military force to enable liim 
to execute liis warrants. 

Governor Shannon immediately wrote to Colonel Sum- 
ner, requesting an officer and six men from the Federal 
forces, to act as a posse for the Sherifi" in executing his war- 
rants. Colonel Sumner, vdio at once complied by sending 
a detachment of ten men, under Lieutenant Mcintosh, sent 
the following letter to Lawrence : 

" Headquarters 1st Cavalry, 
'' Fort Leavenworth, April 22, 1856. 

" Sir : A small detachment proceeds to Lecompton this 
morning on the requisition of the Governor, under orders 
of the President, to assist the Sheriff of Douglas County 
in executing several writs, in which he says he has been re- 
sisted. I know nothing of the merits of the case and have 
nothing to do with them. But I would respectfull}' im- 
press upon you and others in authority, the necessity of 
yielding obedience to the proclamation and orders of the 
General Government. Ours is emphatically a government 
of laws, and if they are set at naught there is an end of all 
order. I feel assured that on reilection you will not com- 
pel me to resort to violence in carrying out the orders of 
the Government. I am, sir, very respectfully, your obedi- 
ent servant, E. V. Sumner, 

" Colonel 1st Cavalry, Commanding. 

'• To the Mayor of Lawrence." 

Mr. Jones, arriving at Lawrence on the 23d of April, 
with his United States 2}0sse comitatus, arrested six respect- 
able citizens on the charge of contempt, for not responding 
to his call for help a few days previous. These prisoners 
were lodged in a small room under the guard of dragoons, 
instead of being brought before a Squire and admitted to 
bail. In thus treating them as felons, it was evidentl}^ the 
design to exasperate the feelings of their friends and pro- 
voke a rescue. The quasi-Sheritf had obtained another 
warrant to arrest Mr. S. K. Wood, from the United States 



1856.] ARRESTS AND EXPULSIONS. 807 

Marshal, upon the charge of larceny, but was unable to tind 
him. 

That evening !Mr. Jones remained with Lieutenant Mcin- 
tosh in his tent. About 10 o'clock at night he was iircd 
upon three times from the darkness, the third shot taking 
effect in his spine between his shoulders. lie fell appa- 
rently dead, and was quickly carried to the hotel, the sur- 
gical aid of Dr. Stringfellow called in, and every attention 
and care was bestowed upon the wounded man. 

At this tragical occurrence all was excitement and con- 
fusion in town. ISTo one knew who the assassin could be, 
and no traces of him could be discovered. The people of 
Lawrence were as ignorant and innocent in regard to the 
attempted murder as the friends of Jones. And the author 
is not aware that it is known to this day who committed 
the offense. On the next morning the citizens who depre- 
cated the unfortunate event, met and passed resolutions de- 
claring the act " unexpected and unlooked for by the com- 
munity, and unsustained by au}^ portion of them;" that "it 
was an atrocious outrage upon Mr. Jones, and an insult and 
injury to the public sentiment and reputation of our town, 
and a crime deserving condign punishment ;" that " we 
deeply sympathize with the wounded man, and will afford 
him all the aid and comfort in our power ;'" " that a com- 
mittee of live be appointed, whose duty it shall be to inves- 
tigate the circumstances connected with this deplorable oc- 
currence, and, if possible, to ferret out the guilty agent." 
jSTo sympathy was manifested for the murderous act, and a 
reward of ^500 was offered by George W. Dietzler, as Sec- 
retary of the Committee of tSafety, for the apprehension of 
the assassin. 

Sam. Salters, an ignorant l)rute, was immediately consti- 
tuted deputy Sheriff, in consequence of the disability of 
Jones. He, with deputy Marshal Fain, a South Caroli- 
nian, continued the harass of tree state men. They had 
writs for the arrest of the rescuers of Branson, and many 



308 HISTORY OF KANSAS TERRITORr. 

Avlio Jiad treated witli indiii'erence Mr. Joues* cull lor as- 
sistance. These men, unwilling to be dragged away from 
home and cast into prison, or to recognize the bogus author- 
ity by giving bail ; not wishing to come into contlict with 
the United States troops, which, by order of the President, 
were now brought to bear upon them, they determined to 
elude the search of the Territorial officials and thus escape 
arrests. This they did most eftectually for several days. 
Some would secrete themselves in brush or ravines during 
the day and visit their homes at night ; others whose homes 
were more constantly watched, dared not even do this, but 
v.'ould repose at night wherever they found it safest. Free 
state families left their doors unlocked that fugitives might 
lind shelter beneath their roofs. All the while Salters and 
Fain, with a United States posse trooping at their heels, 
continued incessantly their search, visiting the homes of 
free state men, pursuing the fleeing fugitives. Many laugh- 
able and exciting incidents could be related about this hunt- 
ing for free men ; but our space will not allow us. 

Meantime Lawrence, the doomed city, the Ilium of Kan- 
sas, had been environed by armed men, and all egress pre- 
cluded by bands of patrols. Two days before Jones was 
shot a company of Ruffians had encamped in the Delaware 
reserve, opposite Lawrence. Great excitement prevailed in 
the town. General AVhitfield, who had been attending the 
meetings of the Investigating Committee, declared it unsafe 
for himself and witnesses to remain there, and requested 
the Committee to adjourn to some other place. Mr. Oliver 
made a motion to that effect, but it w^as lost, and the Com- 
mittee continued its work at Lawrence. 

Colonel Sumner, who had received a dispatch from Lieu- 
tenant Mcintosh in regard to the Lawrence difficulties, im- 
mediately set out with his command for Lecompton. He 
reported himself to the Governor, wlio informed him that 
no more arrests could be made in Lawrence, as the persons 
against whom writs were held had fled the country, and 



\ 



1856.] ARRESTS AND EXPULSION'S. ;}09 

tliat a small poBse would answer the purposes of the dep- 
uty Sheriff. The Colonel returned to Fort Leavenworth 
soon afterwards. 

Colonel Sumner, while in camp near Lawrence, wrote a 
note to Grovernor Kobinson advising* non-resistance to legal 
processes, and thus avoid a conHict with the United States 
Ibrces under his command, and that the people of Lawrence 
should take measures for the arrest of Jones' assassin. 
Governor Robinson replied that the citizens of Lawrence 
condemned the shooting of Mr. Jones ; that they were with- 
out any municipal government, and hence had no one to 
speak officially for them ; that he believed they were loyal 
to the Government and ready to do all in their power to 
maintain the laws. He likewise sent a copy of the resolu- 
tions passed at the meeting of the citizens relative to the 
attack upon Mr. Jones. 

]\Ir. Keeder having failed to obey a subpoena to appear 
before the Grand Jury of Douglas County, a writ of attach- 
ment was issued for contempt o^ court. This was placed 
in the hands of deputy Marshal Fain, who, on the 7th ot 
May, proceeded to execute it. He found Mr. Reeder in the 
room with the Investigating Committee at Lawrence. Mr. 
Reeder had been indetatigable in his efforts to elicit truth 
before the Committee by introducing witnesses and cross- 
examining others. The object of his subpcena and arrest, 
it was thought, was to deprive him from serving the Com- 
mittee. From the deep hatred with which the pro-slavery 
party regarded him on account of his impartialit}^ as Exec- 
utive of the Territory, and his final alliance with the free 
state party, it Avas apprehended that his person would be 
greatly endangered among the ruflians at Lecompton. 
^Yhen the writ was placed in his hands, he appealed to the 
Committee for protection as privileged from arrest as a 
member of Congress, and because having been cited to ap- 
pear with them to take part in the investigation. The 
Committee, after consultation, decided that " the privilege 
37 



31 HISTORY OF KANSAS TERRITORY. 

[roiu arrest Liiveu by the laws to tiie lucnibers oi" this Com- 
mittee and the sitting and contesting delegates was not a 
matter for them to enforce, and declined to mnke any deci- 
sion whatever, or take any action npon the application thns 
made." 

Mr. Ileeder, on hearing this decision of the Committee, 
rose to his feet, and, looking the Marshal steadily in the 
face, said : " As the Committee have refused to protect me, 
I fall back upon my natural rights, and any man who lays 
hands upon me, whether as an officer or otherwise, does so 
at his peril." The timid Marshal quailed before this stern 
language, left the room, and retired to Franklin to consult 
his Southern friends who had gathered there. 

Indictments and writs were made out against all the lead- 
ing free state men in the Territory. Some were indicted 
for high treason and usurpation of office ; others for per- 
jury, contempt of court, larceny, &c. Agreeable to the in- 
structions of Chief Justice Lecompte, the Grand Jury of 
Douglas County indicted for treason, Andrew II. lieeder, 
Charles Robinson, James H. Lane, George W. Brown, 
George W. Deitzler, George W. Smith, S. ]Sr. Wood and 
Gains Jenkins. 

The following day the Coinnuttee adjourned and })ro- 
ceeded to Tecumseh in company with several free state 
men. While there it was ascertained through Mr.' Legate, 
a member of the Grand Jury then sitting at Lecompton, 
that indictments would be issued by that body against all 
the leading free state men of Douglas County, and writs for 
their arrest. In consequence of the representations of Mr. 
Legate, to whom the pro-slavery men had revealed their 
plans, it was apparent that the design of this movement on 
the part of the Territorial authorities, was to arrest and 
hold in custody all the State officers and members of the 
Legislature, and thus prevent the Topeka Government from 
going into practical operation. To thwart that design it 
was decided, at a conference between Messrs. Sherman and 



1856.] ARRESTS AND EXPULSIONS. 311 

Howard, of tlie Conmiitteo, and Messrs. Roberts and Kol> 
iiison, that the free state oiliccrs residing in Douglas County 
should avoid arrest, and that the Lieutenant Governor, 
who resided in Shawnee County, should call a meeting oi' 
the Legislature on the loth of June, before the opening of 
the session of the Grand Jury in that county, which it was 
known would immediately issue indictments, not only 
against the State ofiicers residing within their jurisdiction, 
but also against every member of the Legislature, which 
had previously assembled at Topeka. The Legislature thu.- 
assembled in advance of the Grand Jur}^ in that county, 
should immediately enact a militia law for the organization 
and equipment of the State forces, with a view to sustain 
and upiiold the State Government. Then should the Ter- 
ritorial authorities seek to arrest any of the members of the 
Legislature or of the State Government, they should be re- 
sisted by force. In this way it was the design of the free 
state men to put themselves in the attitude of defending 
their State Government instead of their individual persons 
in opposing the arrests. 

The free state officers against whom it was known writs 
were to be issued by the Grand J ury for their apprehen- 
sion, and who should succeed in eluding all efforts for their 
arrest, were to meet with the other officers and members of 
the Legislature at Topeka, and all unite in opposition to in- 
terfeifence with the discharge of their official functions. 
But, as we shall see, this whole plan was entirely frustrated 
by the failure of these men to escape arrest. 

With a view to enable him to avoid this anticipated ar- 
rest. Governor Robinson was selected to visit the free States, 
ascertain their feelings and secure their support in the com- 
ing conflict in the Territory ; to convey a portion of the tes- 
timony taken by the Congressional Committee to AVashing- 
ton to prevent its being destroyed by a mob, as was feared, 
lie designed to return by the time the Legislature should 
meet. lie had proceeded down the Missouri River as fbr ns 



312 HISTORY OF KANSAS TERRITORY. 

Lexiugton, when he was taken from the boat on the pretext 
that he was fleeuig from an indictment. aSTotwithstancling 
he assured those who arrested him, that he was not 
aware of any indictment having been found against him, 
that he had not at any time attempted to conceal himself, 
til at the Marshal in the Territory could have arrested him 
at any liour while there, and that if he had been desiring 
to escape he wonld certainly have avoided Lexington, they 
persisted in their demands. Mrs. Robinson, who had charge 
of the official documents, was permitted to pass on the next 
day. She visited several of the States and performed tlie 
object for which her husband had set out. 

Governor Robinson was thus seized without the least 
show of authority. The indictment for treason was issued 
a week subsequently. But evidently the citizens of Lex- 
ington understood that it was to be issued. lie was de- 
tained more than a week at this place, until Governor 
Shannon made requisition upon the Governor of Mis- 
souri for his return to the Territor3\ He was conveyed 
lirst to Independence, thence to Westport, thence to Frank- 
lin in a carriage, in charge of Colonel Preston and Captain 
Donaldson. At the latter place orders were received by the 
Marshal from Governor Shannon to return to Kansas City 
and proceed to Lecompton by way of Leavenworth, lest 
their prisoner should be forcibly taken ..from them by Ruf- 
iians, who had sacked Lawrence the day^ before, and who 
still lingered in that vicinity, and by them suffer violence 
and, perhaps, death. Arriving at Leavenworth on the 24th 
of May, the prisoner was placed under the guard of Cap- 
tain Martin, of the Kickapoo Rangers, and three other men. 
Here he was detained during the reign of terror in that 
city, of which we shall speak in another place. Captain 
Martin faithfully guarded him, although many attempts 
were made at his destruction. Judge Lecompte slept by 
the door of the room in which Governor Robinson was 
kept, and General Richardson slept in the same bed with 




Gov. Rekder's escape uowx the Missouri River ix a Skief. 



1856.] ARRESTS AND EXPULSIONS. 313 

him, to shield him in case ot an attack. On the 1st of June 
he was conveyed to Lecompton and placed in camp with 
seven other prisoners like himself. 

Governor Reeder on the day that Marshal Fain attempted 
to arrest him finding it unsafe to remain longer with tlie 
Investigating CommitteOj^retired to a friend's house in the 
vicinity of Lawrence. After remaining there a few days, 
seeing all the powers of the Government arrayed against 
him, and threatened by lawless ruflians, he determined to 
leave the Territory. But his enemies not finding hira at 
Lawrence, had sent messengers to all the border towns to 
intercept his exit from the Territory. Guards were sta- 
tioned along the roads and at the steamboat landings, up 
and down the Missouri for some distance. With the assist- 
ance of Mr. Jenkins, he eluded the vigilance of his enemies 
and arrived safe at Kansas City. Here Mr. Eldridge took 
charge of him and secreted him in the American Hotel. 
His concealment becoming more unsafe every day, and there 
being no other mode of escape, he disguised himself in the 
dress of an Irish laborer, cut ofl'his whiskers and moustache, 
with an ax on his shoulder, a budget in his hand and a pipe 
in his mouth sauntered around unnoticed. As soon as it 
was dark, in company with Mr. Edward Eldridge, he en- 
tered a skifi" on the river and rowed during that night 
twenty-eight miles, to Liberty Landing. Here they waited 
until a boat came along, when Mr. Reeder went aboard, 
took deck passage with the hands, and descended to ISt. 
Charles. Disembarking at this place he made his way 
across the country to Illinois in safety. 

Mr. G. W. Brown, editor of "The Herald of Freedom," 
returning to Kansas City on the 14th of ^lay, after an ab- 
sence from the Territory of several weeks, soon found him- 
self watched by a mob. This was at the same time j\Ir. 
lleeder was there. About two o'clock the following morn- 
ing, it having been announced that the coast was clear, in 
company with Mr. Jenkins, lie set out on horseback for 



,*]14 HISTORY OF KANSAS TERRITORY. 

Lawrence. They had proceeded but a sliort distance before 
they were arrested and taken to Milt. ISIcGee's lionse, one 
mile south of the city. The next morning they were con- 
veyed to Westport where the}' were detained for some time 
and joined by their wives. They were subsequently conveyed, 
by a circuitous route, south of Lawrence, to Lecompton, 
and placed under guard. Mr. Jenkins was soon released, 
but, as we shall see, soon recaptured. Their alfectionato 
wives clung tenaciously and tenderly to them, sheltered 
theni from many indignities and, perhaps, murder. 

The following is a copy of the indictment against the 
leading free state men on the charge of treason : 

"UNITED STATES OF AMERICA, ] 
"Territory of Kansas, County of Douglas, j 

"7?i the District Court of the First Judicial District of the Ter- 
ritory of Kansas. April Term, A. D. 1856. 
"The Grand Jurors of tlie United States of America 
within and for the First Judicial District, Douglas County, 
Territory of Kansas, sworn to inquire upon their oath, pre- 
sent, that Andrew H. Reeder, Charles Kobinson, James H. 
Lane, George W. Brown, George W. Deitzler, George AV. 
Smith, Samuel oST. Wood, Gains Jenkins, late of the County 
of Douglas, First Judicial District of the Territory of Kan- 
sas, owing allegiance to the United States of America, 
wickedly devising and intending, the peace and tranquillity 
of tlie said United States, to disturb and to prevent the ex- 
ecution of the law thereof within the same, to wit : ' the 
law of the said United States, entitled an act to organize 
the Territories of ^Nebraska and Kansas, approved May 30, 
1854, on the first day of May, in the year of our Lord one 
thousand eight hundred and fifty-six, in the County, Dis- 
trict and Territory aforesaid, and within the jurisdiction of 
this court, wickedly and traitorously did intend to levy war 
against the said United States within the same, and to ful- 
fill and to bring to efl'ect the said traitorous intention of 
him the said [names], afterwards, that is to say on the 17th 
day of May in the year of our Lord one thousand eight 
hundred and fifty-six, in the said Territory, District and 
County aforesaid, and within the jurisdiction of this court, 



1856.] ARRESTS AND EXPULSIONS. 315 

with a great multitude of persons, whose names to the 
Grand Jurors are unknown to a great number, to wit : the 
number of one hundred persons and upwards, armed and 
arrayed in warlike manner, that is to say, witli guns, swords, 
artillery, and other warlike weapons, as well offensive as 
defensive, being then and there unlawfully and traitor- 
ously assembled, did traitorously assemble and combine 
against the said United States, and then and there, with 
force and arms, wickedly and traitorously, and with the 
wicked and traitorous intention, to oppose and prevent by 
means of intimidation and violence, the execution of said 
lav/ of the said United States within the same, and array 
and dispose themselves in a warlike and hostile manner 
against the said United States, and then and there with 
force, and in pursuance of such traitorous intention, they, 
the said [names], with the said persons so, as aforesaid, 
traitorously assembled, armed and arrayed in the manner 
aforesaid, wickedly and traitorously did levy war against 
the said United States, and further, to fulfill and bring to 
effect the said traitorous intention of him, the said [names], 
and in pursuance and in execution of said wicked intention 
and traitorous combination, to oppose, resist and prevent 
the said law of the United States from being carried into 
execution in the Territory and District aforesaid, they, the 
said [names], afterwards, to wit : on the 17th day of May, 
A. D. 1856, in the Territory, District and County aforesaid, 
and v,^ithin the jurisdiction of this court, with the said per- 
sons whose names to the said Grand Jurors aforesaid are 
unknown, did wickedly and traitorously assemble against 
said United States, with the avowed intention by force of 
arms and intimidation to prevent the execution ot tlie said 
law of the United States, within the same, and with the in- 
tention then and there and thereby to subvert the Govern- 
ment of the said United States, in the same Territory of 
Kansas, and in pursuance and in the execution of said 
wicked and traitorous combination and intention, they, the 
said, [names], then and there, with force, with the said per- 
sons to a great number, to wit : the number of one hundred 
persons and upwards, armed and arrayed in a warlike man- 
ner, that is to say, with guns, pistols, swords, artiller}', and 
other warlike weapons, as well offensive as defensive, did 
then and there unlawfully and traitorously assemble for the 



316 HISTORY OF KANSAS TERRITORY. 

purpose and design of overthrowing and suljverting, by 
force and violence, the Government; of tlie said United 
States, in the Territory of Kansas aforesaid, contrary to the 
form of the statute in such case made and provided, and 
also against the peace and dignity of the United States, 

" A, I. Isaacs, 
" United States District Attorney of Kansas Territory." 



1856.] SIEGE OF LAAVRENCE. 817 



CHAPTER XXX. 

THE SIEGE OF LAAVRENCE. 

From the time Sheriff Jones first failed in his arrests at 
Lawrence and called upon the Governor for a posse, Border 
RiiiRans began to congregate in the vicinity of that town. 
The Southerners, who had assumed nomadic habits, on com- 
ing into the Territory, were the first to encompass the de- 
voted city. 

The attempt upon the life of Mr. Jones was a happy pre- 
text for the assembling of all the Border Ruffian forces. 
The "Sfiuatter Sovereign" declared, " His death must be aveng- 
ed. His murder shall he avenged, if at the sacrifice of every 
aholitionist in the Territory. "" " \Ye are now in favor of level- 
ing Lawrence and chastising the traitors there congregated, 
should it result in the total destruction of the Union." It 
censured the Governor for calling upon the United States 
troops without first calling out the militia, to whom the 
duty properly belonged. In the next number the editors 
sue-ofested as the motto of the Border Ruffians in all future 
difficulties with the abolitionists, "war to the knife, and 
knife to the hilt; neither asking quarters nor granting 
them." 

When Deputy Marshal Fain fliiled to arrest Reeder, in- 
stead of reporting to the Governor and applying to him for 
aid, he consulted with Marshal Donaldson, who issued the 
following proclamation that was circulated only along the 
Border : 



318 HISTORY OF KANSAS TERRITORY. 

"PROCLAMATION. 

" To the People of Kansas Territory : 

" Whereas, Certain judicial arrests have been directed to 
me by the First District Court of the United States, etc., to 
be executed within the county of Doughxs, and wliereas an 
attempt to execute them by the United States Deputy 
Marshal was evidently resisted by a large number of the 
people of Lawrence, and as there is every reason to believe 
that any attempt to execute these writs will be resisted by 
a large body of armed men ; now, therefore, the law abiding 
citizens of the Territory are commanded to be and appear 
at Lecompton, as soon as practicable, and in numbers suffi- 
cient for the execution of the law. 

" Given under my hand this 11th day of May, 1856. 

J. B. Donaldson, 

" United States Marshal for the Territory of Kansas." 

" P. S. No liability for expenses will be incurred by the 
United States until its consent is obtained," 

Meantime the people of Lawrence, becoming alarmed at 
the hostile demonstrations of the bands of Southerners 
around them, committing depredations, stopping loaded 
wagons and confiscating the contents, detaining travelers, 
robbing houses and stealing cattle and horses, addressed the 
follo^ving letter : 

" Lawrence City, May 11, 1856. 

" To His Excellency, Wilson Shannon, Governor of Kansas 
Territory : 

" Dear Sir : The undersigned are charged with the duty 
ot communicating to your Excellency the following pre- 
amljle and resolution, adopted at a public meeting of the 
citizens of this place, at 7 o'clock last evening, viz : 

" Whereas, Yf e have the most reliable information from 
various parts of the Territory, and the adjoining State of 
Missouri, of the organization of gurilla bands, who threaten 
the destruction of our town and its citizens ; therefore, 

" Resolved, That Messrs. Topliii', Ilutchiugson and 
Roberts, constitute a committee to inform his Excellency of 
these tacts, and to call upon him in the name of the people 



1856.] SIEGE OF LAWRENCE. 319 

of Lawreuce, for protection against such bands, by the 
United States troops at his disposal. 

"All oi which is very respectfully submitted, &c., 

" C. W. TOPLIFF, 
'' W. Y. KOBERTS, 

" John Hutchingson." 

To this, Governor Shannon, who was now surrounded by 
Border Ivuffians, made the following reply : 

"Executive Office, May 12, 1856. 

" Gentlemen : Your note of the 11th inst. is received, and 
in reply I have to state that there is no force around or ap- 
proaching Lawrence, except the largely constituted posse 
of the United States Marshal and Sheriff of Douglas 
County, each of whom, I am informed, have a number oi 
writs in their hands for execution against persons in Law- 
rence. I shal 1 in no way interfere with either of these officers 
in the discharge of their official duties. 

" If the citizens of Lawrence submit themselves to the 
Territorial laws, and aid and assist the Marsbal and Sheriti' 
in the execution of processes in their hands, as all good cit- 
izens are bound to do when called upon, they, or all such, 
will entitle themselves to the protection of the law. Eut, 
so long as they keep up a military or armed organization to 
resist the Territorial laws and the officers charged with theii 
execution, I shall not interpose to save them from the legit- 
imate consequences of their illegal acts. 

" I have the honor to be yours with great respect. 

"■ Wilson Shannon. 

"Messrs. C. W. Topliff, John IIutchingson, W. Y. 
Roberts." 

By a public meeting held in Lawrence on the 13th of 
May, it was resolved that the allegations and charges against 
them in the Marshal's proclamation " arc wholly untrue m 
fact and the considerations which are drawn from them ; " 
that they will acquiesce in the service upon them of any 
judicial writs against them " by the United States Marshal 
for Kansas Territory, and w^ill furnish him a posse for that 
purpose, if so rerpicsted ; l)ut that" they "are ready to resist, 



320 HISTORY OF KANSAS TERRITORY. 

if need be, unto death, the ravages and desolations of an 
invading mob." 

The leaders of the free state men had all left the Terri- 
tory. Robinson, Reeder and Lane were absent. The peo- 
ple were without a leader, and hence confused, divided, yet 
filled with apprehensions ; the evils of danger that environed 
the city, thickened and tightened, the more alarmed they 
became — the more anarchy and dissension prevailed in their 
midst. 

There was a remnant of the old Committee of Safety 
that had rendered itself equal to a similar emergency, but 
its chief men, those in whom the people had confidence-, 
were gone. This remnant met, and decided upon its policy. 
It favored submission and non-resistance — was opposed to 
military organization and preparation. This did not satisfy 
a large class of the citizens and the Committee resigned. 

A meeting of the citizens was immediately called and a 
new Committee of Safety elected, composed of the follow- 
ing persons : W. Y. Roberts, G. W. Deitzler, Lyman Allen, 
John A. Perry, C. W. Babcock, S. B. Prentise, A. II. Mal- 
lory, and Joel Grover. In a day or two, S. C. Pome- 
roy arrived from the East, and was constituted chairman by 
acclamation. This Committee endorsed the action of the 
old Committee. The reasons for this decision are liere 
given by a gentleman present at the time, and a friend of the 
Committee : 

" The ground distinctly assumed was that in this first 
movement of the Federal authority to espouse the cause of 
the Southern Rufiians, they should have a clear field to 
show their liands. In Congress it had been confidently as- 
serted by Douglas and others, that the people of the Terri- 
tory were in open resistance to the Federal authority — 
rebels and traitors. They would at the first opportunity 
verify the slanderous charge. If they should proceed, as 
we felt confident they would, to commit outrages, the 
United States Government should be responsible." 



1856.] SIEGE OP LAWRENCE. . 321 

It will be seen that the circumstances now were not ex- 
actly similar to those last winter when the town was threat- 
ened. Then the Ruffians were alone, excepting the Terri- 
torial authorities ; now they led the United States forces and 
carried the sanction of the General Government in their as- 
saults upon Lawrence. It was the Federal troops that cre- 
ated the embarrassment ;^for no one wished to resist or light 
them. 

The decision of the Committee was not satisfactory ; 
murmers were loud, and discontent manifest. Some held 
that the Marshal should be permitted to enter the town, but 
his posse should be kept out. Others were for arming 
themselves with nothing but revolvers^proceeding to Frank- 
lin and offering themselves'to the Marshal as a part of his 
posse, and thus get hold of the United States arms. The 
Committee offered to resign, but the majority of the citi- 
zens refused to accept their resignation, there being no men 
then in Lawrence in whom they had more confidence. 

When the policy of non-resistance was definitely deter- 
mined upon, many left the place and sought shelter and 
safety in the country and surrounding towns. "Word was 
sent to the military companies in various parts of the Ter- 
ritory, who were then marching, or preparing to march, to 
the rescue, that their services were not needed. Those who 
had thus set out for Lawrence returned home, except the 
Wakarusa Company, which remained prepared for action 
during the entire period. 

Marshal Donaldson's proclamation had the designed eftect 
of gathering the Southern chivalry and Border Ruffians 
around Lawrence. On the same day it was issued a com- 
pany of one hundred, under the command of Dr. String- 
fellow and Kelley, editors of the " Squatter Sovereign," 
left Atchison for Lecompton. Generals Atchison and 
Stringfcllow mustered the Platte County riflemen, and 
marched across the Delaware Reserve. The South Caro- 
linians, Georgians, Alabamians, Floridians and Mississip- 



322 , HISTORY OF KANSAS TERRITORY. 

plans, who were encamped at Franklin, were increased by 
Missourians from Westport, Kansas City, and Independ- 
ence. As the numbers around Lawrence multiplied, their 
depredations increased. Provisions were taken from farm 
houses, horses " pressed into the service," private arms 
seized and travelers molested. 

On the 13th of May, Mr. A. J. Weaver, assistant sergeant- 
at-arms ot the Congressional Committee, who was on his 
way to Lawrence with a witness, was stopped, taken into 
custody by the self-styled militia, and carried to Leeomp- 
ton. After considerable delay he was permitted to proceed 
with the following pass : 

" Lecompton, Kansas, May 13, 185G. 

" To all whom it may concern : 

" This is to certify that I have examined the papers of 
Mr. A. J. Weaver, in company with General Cramer, and 
I am satisfied that he is acting under the autliority of the 
United States House of Representatives and should pass 
unmolested. Warren D. Wilkes, 

" Of South Carohna." 

On the 16th, Mr. Stowell, coming from Kansas City, was 
stopped at Franklin and fifty old fashioned muskets taken 
from his wagon, that were designed for Lawrence. A 
wagon load of fiour was likewise seized. 

Dr. Root and Mr. Mitchell returning from Lawrence to 
Wabansee on the 14th of May, on passing the camp of Mar- 
shal Donaldson, were taken prisoners ; two gentlemen, a 
little in advance of Messrs. Root and Mitchell were accosted, 
but escaped by the fleetness of their horses amid a shower of 
bullets. At the same time Judge Conway and Hon. P. C. 
Schuyler returning to the Territory from a tour in the 
States, were taken from a boat at Parkville and detained 
by a mob, but were soon released through the interference 
of the more resijectable class of citizens. 

On the 13th of May Mr. Cox, a pro-slavery man of Law- 



1856.] SIEGE OF LAWRENCE. 323 

reuce, was deputed to visit Marshal Donaldson to see if 
some arrangements might not be made to remove the neces- 
sity for bringing liis posse into the town. Mr. Donaldson 
replied : " The three following demands must be complied 
with before I shall consent not to enter Lawrence with all 
my force : First, That every man, against whom a warrant 
is issued, shall be surrendered up. Second, All munitions 
of war in Lawrence, shall "be delivered up. Third, That 
the citizens of Lawrence pledge themselves implicitly to 
obey the present enactments of Kansas — test oaths, taxes 
and all." 

On the reception of this answer, the people of Lawrence 
assembled in council, which gave rise to the following 
letter : 

" Lawrence, May 14, 1856. 
" J. B. Donaldson, United States Marshal, for Kansas Ter- 
ritory : 

"Dear Sir: We have seen a proclamation issued by your- 
self, dated 11th of May, inst., and also have reliable infor- 
mation this morning, that large bodies of armed men, in 
pursuance of your proclamation, have assembled in the vi- 
cinity of Lawrence. 

" That there may be no misunderstanding, we beg leave 
to ask respectfully, that we may be reliably informed what 
are the demands against us. We desire to state most truth- 
fully and earnestly, that no opposition will now or at an}- 
future time, be oflered to the execution of any legal process 
by yourself or any person acting for you. We also pledge 
ourselves to assist you, if called upon, in the execution of 
any legal process. 

" We declare ourselves to be order-loving and law-abiding 
citizens, and only await an opportunity to test our fidelity 
to the laws of the country, the Constitution and the L^nion. 
" We are informed also, that these men collecting about 
Lawrence openly declare that their intention is to destroy 
the town, and drive oil" the citizens. Of course we do not 
believe that you would give any countenance to such threats, 
but, in view of the excited state of the public mind, we ask 
])rotection of the constituted authorities of the Government, 



324 HISTORY OF KANSAS TERRITORY. 

declaring ourselves in readiness to co-operate with them for 
the maintenance of the peace, order and quiet of tlic com- 
munity in which we Hve. Very respectfully, 

'" Egbert Morrow, 

" Lyman Allen, 

" John IIutchingson." 

Mr. Cox delivered this letter and 'brought back the fol- 
lowing reply : 

'' Office of the U. S. Marshal, 1 
" Lecompton, K. T., May 15, 185(j. / 
^^ Messrs. G. "W. Deitzler andJ.'JI. Green, Lawrence, Kan- 
sas Territory : 

" On yesterday I received a communication addressed to 
me, signed by one of you as President, and the other as 
Secretary, purporting to have been adopted by a meeting 
of the citizens of Lawrence, held on yesterday morning. 
After speaking of a proclamation issued by myself, you 
state, ' That there may be no misunderstanding, we l)eg 
leave to ask respectfully, that we may be reliably informed 
what are the demands against us. We desire most truth- 
fully and earnestly to declare that no opposition whatever 
will now, or at any future time, be offered to the execution 
of any legal process by yourself or any person acting for 
you. Ysfe also pledge ourselves to assist you if called upon, 
in the execution of any legal process, etc' 

" From your professed ignorance of the demands against 
you, I must conclude that you are strangers and not citi- 
zens of Lawrence, or of recent date, or been absent for 
some time ; more particularly when an attempt was made 
l)y my deputy to execute the process of the First J)istrict 
Court of the United States for Kansas Territory, against 
ex-Governor Eeeder, when he made a speech in the room 
and in the presence of the Congressional Committee, and 
denied the power and authority of said court, and threat- 
ened the life of said deputy, if he attempted to execute 
said process, which speech and defiant threats were loudly 
applauded b}^ some one or two hundred of the citizens of 
Lawrence, who had assembled at the room on learning the 
business of the Marshal, and made such hostile demonstra- 
tions that the deputy thought he and his small posse would 
endanger their lives in executing said process. 



1856.] SIECE OF LAWRENCE. 325 

" ^"our declaration tliat you will truthfully and earnestly 
offer now, or at any future time, no opposition to the exe- 
cution of any legal process, &c., is indeed difficult to under- 
stand. May I ask, gentlemen, what has produced this 
wonderful change in the minds of the people of Lawrence ? 
Have their eyes been suddenly opened, so that they are now 
able to see that there are laws in Kansas Territory which 
should be obeyed? ' Or is it that just now, those for whom 
I have writs have sought refuge elsewhere? Or it may 
possibly be that you now, as heretofore, expect to screen 
yourselves behind the word 'legal-,' so significantly used by 
you. How am I to rely on your pledges wdien I am well 
aware that the wdiole population of Lawrence is armed and 
drilled, and the town fortified — when, too, I recollect, the 
meetings and resolutions adopted in Lawrence and else- 
where in the Territory, openly defying the law^s and the 
ofiicers thereof, and threatening to resist the same to a 
bloody issue, as recently verified in the attempted assas- 
sination of Sheriff Jones, w^hile in the discharge of his 
oiiicial duties in Lawrence. Are you strangers to all these 
things? Surely you must be strangers at Lawrence. If 
no outrages have been committed by the citizens of Law- 
rence against the laws of tlie land, they need not fear any 
posse of mine. But I must take the liberty of executing 
all processes in my hands as the United States Marshal, in 
my own time and manner, and shall only use such po^ycr as 
is authorized by law. You say you call upon the constituted 
authorities of the Government for protection. This, indeed, 
sounds strange, coming from a large body of men. armed 
with Sharp's rifies, and other implements of war, bound to- 
gether by oaths and pledges, to resist the laws of the Gov- 
ernment they call on for'protection. All persons in Kan- 
sas Territory, without regard to location, who honestly sub- 
mit to the constituted authorities, will ever find me ready 
to aid in protecting them ; and who seek to resist the laws 
of the land and turn traitors to their country, will find me 
aiding in enforcing the laws, if not as an oflicer,as a citizen. 
" Itespectfully vours, 

"J. P>. Donaldson, 
" U. S. Marshal, Kansas Territory.'^ 
Again the citizens of Lawrence sent a letter to the Mar- 
shal," calling his attention to the depredations committed by 

no 



326 HISTORY OF KANSAS TERRITORY. 

Ids men in tiie vicinity of their city, to wliicli no reply was 
given. Every thing was done to avert the calamity, of 
which peaceable measures woiilcV admit. Deputation after 
deputation visited the Governor, and invoked his inliuence 
and authority to stay the madness and lawlessness of the 
mob ; they visited the Marshal also, and plead with him the 
cause of humanity and justice ; but they were met only with 
rebuke, and were frequently taken prisoners, robbed, tried, 
and otherwise mistreated. Messengers passed between 
Lawrence and Leavenworth night and day, endeavoring to 
secure the interposition or protection of the United States 
troops. The influence of the Congressional Committee was 
invoked and the humane feelings of Colonel Sumner 
touched; but in vain, the troops could not move without 
orders. 

One eifort seemed to furnish for a season a prospect of 
success. On the 18th ot May Messrs. S. W. and T. B. 
Eldridge undertook the embassy to the encampment of the 
sons of the South. They had just removed from Kansas 
City to Lawrence, and opened their nicely finished and 
richly furnished hotel. They were not, therefore, per- 
sonally obnoxious to pro-slavery men, and on this account 
were chosen for this work. They carried a letter from the 
Committee proffering that if Governor Sliannon would 
order Colonel Sumner with his force to encamp in the vi- 
cinity of Lawrence, the arms in the town should be given 
up and deposited with him for safe keeping, while the Mar- 
shal should come in and make his arrests, the arms to be 
returned when the troops left. This proposition, supported 
by the iufliuence of the two gentlemen, seemed to meet with 
favor, and they were invited to return the following day, 
when it was thought every thing could be satisfactorily ad- 
justed. 

But the hopes thus inspired were doomed to disappoint- 
ment. They returned to Lecompton the next day after be- 
ing detained as prisoners in Colonel Stringfellow's camp for 



1856.] SIEGE OF LAWRENCE. 327 

sotuG time. Governor Shainion now informed them thai 
the only thing which will satisfy the South Carolinians is fof 
the arms to be given up to him or the Marshal, instead oi' 
('olonel (Sumner. Tlie Governor was told that the peopU- 
of Lawrence would never submit to this, but would figh' 
lirst, whereupon iie exclaimed, "• War, then, by G — d," and 
left the room. 

On the same day that these negotiations closed, a young 
man by the name of Jones, returning home a few miles 
south of Lawrence, with a basr of meal for his widowed 
mother, was shot in cold blood. A band from the Mar- 
shaFs posse rode suddenly upon him near Blanton's Bridge, 
and one of them discharged his gun at the inoffensive 
youth, when he exclaimed, "0, God, I am shot," and leli 
dead. When the affair was announced at Lawrence a few 
resolute young men, but mere boys, started for the place 
where the murder happened. Av^heu they had proceeded 
about a mile, the}' were met by two men from the camp at 
Franklin. They were accosted, insulted, and finally fired 
upon by the Kuffians, and one of the number, Stewart, was 
killed. His comrades carried him back to Lawrence. The 
announcement of these two unprovoked murders and the 
bleeding corpse of Stewart which had been brought in, filled 
the town Avitli indignation and excitement. A company 
was formed, composed chiefiy of boys, for the fighting men 
had left, which set out for Franklin to attack the invaders, 
but was recalled by the Committee of Safety. 

A proposition was made to have about four or five hun- 
dred men stationed at a convenient distance from Lawrence 
so that when the posse should attempt any outrage on the 
town they could be prepared for the rescue. But the Com- 
mittee feared that this would taint their spotless policy of 
non-resistance and rejected it. 

Another and a final attempt was made to avert the im- 
pending destruction of the city. It had been reported that 
Colonel Sumner had said, " in case of actual collision, he 



328 HISTORY OF KANSAS TERRITORY. 

should not wait for orders, but would take the responsibility 
Oi separating the combatants." A most earnest appeal was 
drawn up. It was represented that actual collision and 
bloodshed had taken place, and his presence as a peace- 
maker was again invited. The messenger, who had 'just 
made a trip to the Fort and back, mounted a fresh liorse 
and bore this dispatch to Leavenworth. But it was all un- 
availing ; Colonel Sumner's sense of the strict duty of a sol- 
dier forbade him to interfere without orders. 



1856.] SACK OP LAWRENCE. -329 



CHAPTER XXXI. 

THE SACK OF LAWRENCE. 

On the 20th of May the invaders prepared to attack Law- 
rence on the following da}'. General Atchison, with his 
Platte County Riflemen and two pieces of artillery ; the 
Kickapoo Rangers, nnder Captain Dnnn, reinforced by re- 
cruits from Leavenworth and Weston ; General and Doctor 
String-fellows, Bob Kelley and Peter 'Abell, at the head of 
forces from Atchison and vicinity ; Colonel Wilkes, of 
South Carolina, and Colonel Titus, of Florida, with a num- 
ber of their fellow statesmen, were all in camp between Le- 
compton and Lawrence. At Franklin, Colonel Boone, of 
Westport, and Colonel Buford, of South Carolina, with 
several prominent men from Liberty and Lidependenco, 
Missouri, headed a large force of Southerners and Missou- 
rians. Both camps could muster eight hundred men, a 
part of whom were mounted and a part on foot. Thej' 
were all supplied with United States arms by the Territorial 
authorities, and, besides Atchison's cannon, they had two 
more pieces of artillery. 

Before the day spring streaked the clear eastern sky, on 
the tv/enty-iirst, the camp near Lawrence broke up and 
marched towards that place. At sunrise the inhabitants of 
that town, "just shaking oft" their slumbers,'' beheld two 
hundred horsemen, armed with rifles, revolvers and bowie 
knives, drawn up on Mount Oread that overlooks tlie place. 



330 HISTORY OF KANSAS TERRITORY. 

A red war flag, with " Southern Rights " inscribed upon 
it, floated over them. "With what consternation and despair 
must they have gazed at the sight ! They were defense- 
less. The faithful picket was not there to warn them of 
the enemy's approach. The alarming drum and shrill noted 
fife called no stalwa,rt arms and brave hearts to the trenches 
and the line of battle. Alas, a diflerent counsel had pre- 
vailed ; the cannon lie buried in the ground as " silent as 
the grave," and the Sharp's rifles were concealed in the gar- 
ret, or were far away upon the prairies. The few brave 
men left in the city, and the brave women Wept when they 
•beheld the advance of the invaders, tljat they could not die 
in defense of their homes, rather than see them demolished 
and themselves stricken down, or insulted like dogs, by a 
remorseless and arrogant foe. 

At 7 o'clock the advance guard on the hill moved for- 
ward to its brow nearest the town, and took possession of 
Governor Robinson's house farther down, which they used 
for headquarters. This was long musket range ii-om the 
town, but good range for breech-loading rifles. Here they 
planted a cannon so as to overlook the town, which the}' 
directed towards it. In about one hour the infantry force 
from the western camp arrived and took position on the 
summit of the hill. 

During the forenoon they sent runners into town who re- 
ported back, " All quiet in Lawrence ; the fev/ men there 
are busy about their employments." At eleven o'clock 
Deputy Marshal Fain, who had been in Lawrence the even- 
ing previous and made two arrests without opposition, rode 
into town with a guard of ten men without guns. They 
Vv^ent directly to the hotel and were respectfully received. 
The Deputy then summoned Dr. Garvin, D. A. Perry, C. 
W. Toplilf, Wm. Jones, S. W. Eldridge and T. B. Eidridge 
to assist him in making arrests. These readily complied 
and G. W. Deitzler, G. W. Smith and Gaius Jenkins were 
arrested without any difficulty. The Marshal took his din- 



1856.] SACK OF LAWRENCE. 331 

ner at the hotel ; left without paying his hill and returned 
to the posse on the hill, which had now heen increased hy 
the arrival of Col. Buford's men. He then dismissed them, 
saying " he had no further use for them, but Sheriff Jones 
has writs to execute and they were at liberty to organize 
as his posse." 

Sheriff Jones, " who once was dead, but now is alive 
again," rode forward and solicited the aid of the forces 
amid loud and prolonged cheers. 

While Deputy Marshal Fain was in town the Committee 
of Safety, who had shown every respect to this officer, 
penned and signed the following document : 

" Lawrence, K. T., May 21, 1856. 

"J. B.Donaldson, United States Marshal, Kansas Ter- 
ritory : 

" We, the Committee of Public Safety, for the citizens 
of Lawrence, make this statement and declaration to you, 
as ^Marshal of Kansas Territory : 

" That we represent the citizens of the United States 
and of Kansas, who acknowledge the constituted authorities 
of the Government ; that we make no resistance to the 
execution of the law, national or territorial, and claim it as 
law-abiding American citizens. 

" For the private property already taken by your posse 
we ask indemnification ; and what remains to us and our 
citizens we throw upon you for protection, trusting that 
under the fiag of the Union, and within the folds of the 
Constitution, we may obtain safety. 

" Samuel C. Pomeroy, C. W. Babcock, 

" W. Y. Roberts, S. B. Prentise, 

" Lyman Alli:;n, A. H. Mallory, 

" John Perry, Joel Grover." 

It is due to the four last mentioned gentlemen to say 
that they repudiated the letter and declared that they never 
signed it. But this avowed recognition of the Territorial 
laws by the committee — laws which the })eoplc of Kansas 
had, time and again, in convention assembled pledged them- 



332 HISTORY OF KANSAS TERRITORY. 

selves, their lives, fortunes and sacred honors, " never to 
recognize as valid " — did not turn aside the Vv^rath of the 
invaders. About three o'clock in the afternoon iSherili' 
Jones rode into town at the head of twenty armed men, 
halted in front of the Free State Hotel and called for Gen- 
oral P-omeroy. This gentleman soon appeared and shook 
hands with Jones, when the latter said : 

" General Pomeroy, I recognize you as one of the leading- 
citizens here and as one who can act for the people of 
Lawrence. I demand that all the arms of Lawrence be 
given up or w^e shall bombard the town. (Taking out his 
watch.) I give you five minutes to decide upon this pro- 
position and a half hour to stack the arms in the streets. I 
am authorized to make this demand by the First District 
Court of the United States." 

General Pomeroy rushed up stairs and communicated this 
intelligence to the Committee of Safety, there sitting like 
the lioman Fathers when the Barbarians entered the impe- 
rial city. ^ In a few moments he returned and said " the 
cannon will be delivered up, but the rifles are private prop- 
erty and vrill be retained." Jones replied, " very w^ell, give 
up the cannon.'' The General, with other members of the 
Committee, accompanied the Sheriif to the spot where the 
twelve pounder brass howitzer and four other small cannons 
were buried under the foundation of a house, dug them up 
and surrendered them to Jones, A few Sharp's rifles were 
also obtained. 

"While this scene was being witnessed in town, the posse, 
numbering from five to eigbt hundred men, had marched 
dow^n to the foot of the hill, formed in a hollow square, to 
w^hom General Atchison was making a speech, which was 
cheered by tremendous yells and wdioops. 

" ' Boys, to-day I'm a Kickapoo Ranger, by G — d. This 
day "vve have entered Lawrence, and the abolitionists have 
not dared to iirc a gun.' Various reports of this speech 
have been published, but all more or less incorrect. It was 
an odd mixture of drunken enthusiasm, restraining forbear- 



1856.] * SACK OP LAWRENCE. 333 

ance, partisan ferocity and profanity. He declared that the 
Free State Hotel must be destroyed and the printing of- 
fices demolished; but told them they must deport themselves 
as Southern gentlemen and 'law and order men.' He said they 
must not forget to be gallant and must respect ladies, but 
added, ' if you find a woman armed as a soldier, and thus 
initting oif the garb of her sex, trample her under foot as 
you would a snake.' He said the people of Lawrence 
seemed determined not to resist, and that, therefore, it would 
not do to attack them ; but said, if there was the least ap- 
pearance of resistance, no quarters should be shown. He 
alluded to the distance the young Southerners had to come 
to aid them in the defense of ' Southern rights,' and com- 
plimented them on their zeal and courage. He commenced 
speaking on his horse, and then dismounted and got on a 
brass cannon, from which he spoke. He was interrupted 
])y the arrival of Jones, who, after the guns had been de- 
livered up, rode out of town. Jones told them that he had 
orders from the First District Court of the United States 
for Kansas to demolish the hotel and destroy the printing 
offices. Loud and enthusiastic cheers were then given for 
Jones. Atchison resumed his speech, telling them : ' And 
now Ave'll go in with our highly honorable Jones and test 
the strensfth of that d — d Free State Hotel.' He said 
something more urging them to bravery and good order, 
and finished by saying : ' K any man or woman stands in 
your wa}^ blow them to h — U with a chunk of cold lead.' " 
The army of invaders then began their march into Law- 
rence with various banners and inscriptions upon them. There 
was one with a crimson star in the center and the words, 
" Southern Rights ;" another with a tiger crouching ready 
to spring. One bore the inscription " South Carolina ;" an- 
other, "The Supremacy of the AVhite Race," &c. The 
Grand Jury which indicted several free state men for treason, 
also indicted several public buildings in Lawrence as nui- 

40 



334 HISTORY OF Kansas territory. 

sances, imd as such oiigbt to be abated. The following is a 
copy of tlieir finding : 

" The Grand Jury sitting for the adjourned term of the 
First District Court in and for the County of Douglas, beg 
leave to report to the Honorable Court that from the evi- 
dence laid iDefore them showing them that the newspaper, 
known as the ' Herald of Freedom,' published at Lawrence, 
has from time to time issued publications of the most inllam- 
matory and seditious character, denying the legality of the 
Territorial authorities, addressing and commanding forcible 
resistance to the same ; demoralizing the popular mind and 
rendering life and property unsafe, even to the extent of 
advising assassination as a last resort. 

"Also, that the paper known as the ' Kansas Free State,' 
has been similarly engaged, and has recently reported the res- 
olutions of a meeting in Johnson County in this Territory, 
in which resistance to the Territorial laws, even unto blood, 
has been agreed upon, and we respectfully recommend their 
abatement as a nuisance. Also, that we are satisfied that 
the building, known as the Free State Hotel, in Lawrence, 
has been constructed with the view to military occupation 
and defense, regularly parapetted and port-holed, for the 
use of cannon and small arms, and could only have been 
designed as a stronghold of resistance to law, thereby en- 
dangering the public safety and encouraging rebellion and 
sedition in this country, and respectfully recommend that 
steps be taken whereby this nuisance may be removed. 

" Owen C. Stewart, Foreman." 

Jones first halted in front of the Free State Hotel, and 
notified Colonel Eldridge to remove his furniture by five 
o'clock. The proprietor told him he could not remove it in 
so short a time, and that he would not try. About fifty or 
a hundred then proceeded to the building, in which was the 
office of the " Kansas Free State," under the leadership of 
Gr. W. Clark. They entered it cautiously, for fear of secret 
mines. They then assailed the press with axes, broke it in 
several places so as to render it useless, and smashed the 
type in pieces. They then carried both press and fragments 



1856.] SACK OF LAWRENCE. 335 

of type to the river and threw them into the water. Threi.' 
hundred volumes of books, fifty files of papers, a largr 
(|uantity of exchanges, and paper stock, were torn up, scat- 
tered in the streets, set on fire and burnt up or carried ofi'. 
The total loss sustained by the firm was about $10,275. 

In a few moments after the office of the ^' Free State"" 
was assailed, another party entered the building occupied by 
the " Herald of Freedom." They, too, were fearful of mines 
and infernal machines ; in order to test the safety of tho 
ascent to the . printing ofiiice, they drove two or three free 
state men up before them. Soon the same work of demo- 
lition was begun here ; the press hammered and bruised, tho 
type broken into fragments, were both conveyed to the river. 
Growing weary in carrying type, they cast a portion out oi' 
the window. Papers, books, &c., were destroyed, making 
a loss to the firm of nearly $17,000. A blood red flag was 
first hoisted above the building, with a lone star in its cen- 
tre, but in fifteen minutes was removed to the hotel. The 
l)uildiug was fired several times, but the fire was as often 
extinguished. 

Meantime preparations had been made to destroy the 
hotel. The rufiians had removed a portion of the furniture 
which they had dashed into the streets. Four cannon were 
planted within a few yards from the building. General 
Atchison sighted the first shot. As he swaggered over the 
gun giving directions he stammered out, "' A little higher, 
boys, a little lower — a little higher. That's it, boys ; let her 
rip." Bang went the gun, the ball passing clear over the 
building. It was duly lowered and fired with better effect. 
The other cannon opened their blasts upon the house, but 
only two of them would send a ball through its walls. Some 
fifty rounds were thus fired without afi'ecting the building- 
much. Finding this slow work, they next attempted to 
blow it up by exploding a couple of kegs of powder in the 
cellar. This did not have the desired cftect, and fire was 



536 



HISTORY OF KANSAS TERRITORY. 



applied, by which in a short time the whole house was fill- 
ed with iiames. 

The hotel was a beautiful three story structure, with 
solid stone walls. It was seventy feet long by fifty wide, 
with an addition twenty-four by forty-five feet and con- 
tained seventy-five rooms. It was built by the ISTew England 
Emigrant Aid Society at a cost of ^20,000, and had been in 
course of erection from the spring of '55 until May, 185G. 
Messrs. Eldridge & Bro. had rented the building in the fall of 
'55 at $5,000 per year, and'purchased their furniture and pro- 
visions, expecting to enter it immediately ; but the Waka- 




DESTIIUCTION OF THE FREE STATE HOTEL. 



rusa war breaking out prevented the completion of the 
house so that they did not get it ready for the public until 
May following. It was very neatly and richly furnished 
and the cellar was well stored with luxuries. The proprie- 
tors estimated their loss by the delay in the completion and 
by the destruction of the hotel at $60,717. 

While thefiames were hissing and crackling in and over 
the hotel, Jones, with the complacency of a monster, sat on 
his horse and witnessed the sio-ht. At one time he turned 



1856.] SACK OF LAWRENCE. 337 

to his companions and said : " Gentlemen, tiiis is the hap- 
piest day of my life, I assure you. I determined to make 
the fanatics bow before me in the dust and kiss the terri- 
torial laws." "When the walls of the burning building had 
fallen in, he exclaimed, "I have done it, by G — d, I have 
done it." Turning to his men he said, " You are dismissed, 
the writs have been executed." 

This was the signal for a general plunder. Private 
houses, whose inmates had iled, were burst open, entered 
and ransacked. Money, clothing and guns were taken or 
destroyed. Stores were rummaged and robbed. Dr. 
iStriugfellow secured two boxes of cigars and quietly walked 
off, saying, "Well, boys, I guess this is all the booty I 
want." The invaders arrayed themselves with a new suit 
of clothes, ribbons and tassels; many were loaded down 
with books, provisions, goods, guns, etc., etc. They con- 
veyed their spoils out of town to the wagons they had 
prudently brought up for the purpose, and thus secured 
them. They began leaving about seven o'clock, and by 
nine all was quiet. As the rear guard departed, they fired 
Governor Robinson's house at the foot of Mt. Oread; the 
flames soon lit up the darkness of the night. In this way 
the Governor lost some fifteen or twenty thousand dollars. 
During the sacking only one man was killed. He was one 
of the pillagers — killed by the falling of a brick, swept off 
the Hotel b}^ the South Carolina flag. Another one of the 
gang fell from his horse and broke his leg, while in pursuit 
of a fugitive whom he supposed to be Ileeder. 

It is scarcely possible to estimate the amount of property 
destroyed or taken during this campaign against Lawrence. 
The invaders not only gathered subsistance from the settlers, 
but distroyed houses, carried ofl: clothing, stole more than 
two hundred horses, and robbed persons and dwellings of a 
vast amount of money and arms. The camps at Franklin 
and Lecompton were filled with plunder, resembling that of 



668 HISTORY OF KANSAS TERRITORY. 

a victorious clan of savages, or those of the Goths and Van- 
dals. Some of them rode through the streets of A\^estport 
and Kansas City the next day, their horses adorned with 
cords and tassels, and their persons with sashes, taken from 
the windows of the Free State Hotel. 



1856.] DIFFICULTIES AT LEAVENWOKTH. 339 



CIIAPTEE, XXXII. 

DIFFICULTIES AT LEAVENWORTH. 

The posse dispersed the day after the sacking of Lawrence 
and retired towards the border. Some of the Southerners, 
disgusted with what they witnessed, returned home; 
others rejoicing in robbery, rapine and murder, hngered in 
the Territory and on the Border committing depredations. 
As some of them retired from Franklin they robbed Fish's 
grocery, ransacked his house, tore down his fences and took 
some of his horses. The day following the destruction of 
Lawrence General Atchison with his company of Platte 
County riflemen, rode through the place, dragging one piece 
of artillery, and crossed the Kansas River at the north side of 
town. He had previously obtained permission to pass 
through from the citizens. 

The Westport paper delivered a war appeal simply be- 
cause some boys had remarked to a pro-slavery man in 
Lawrence that it was not safe for him to remain there. It 
called upon the Missourians and Southerners to stay in the 
Territory, and not only finish tlic demolition of Lawrence, 
but level " every other abolition settlement in Kansas with 
the ground." In response to this appeal Captain Pate, with 
a company of Westport gentry, which were denominated as 
" Shannon's Sharp Shooters," and Coleman, the murderer 
of Dow, remained between Lawrence and Westport, south 
of the Kaw, where they would stop travellers and rob them, 
search the United States mail, plunder loaded wagons, steal 



340 HISTORY OF KANSAS TERRITORY. 

or take horses and provision from the settlers, and commit 
depredations generally. 

The free state men scattered and disorganized, driven in 
many instances to madness, began 'at this time to form 
guerrilla companies for retaliation and self-defense. The 
leading free state men had no part in the organizations. 
They were composed of youths deprived of their situations 
and little vs^orldly possessions by the destruction of Law- 
rence, and of men of reckless character, who rejoiced in the 
opportunity to destroy, rob and pillage. They confined 
their operations chiefly against pro-slavery men, who had 
taken an active part in the troubles, and against similar bands 
of Border Ruffians. At one time they stole three horses 
from Captain Pate's company; again a party of eight se- 
creted themselves in a ravine and fired upon eighteen South- 
erners as they rode by. They killed several, put the rest to 
flight, and captured horses and arms. A squad of free 
state guerrillas robbed and trespassed upon a pro-slavery 
man by the name of Bernhardt, in the same way that Pate's 
company treated the Shawnee Indian Fish. 

Thus the country was soon infested by roaming bands of 
guerrillas, vieing with each other in deeds of violence and 
wrong. Whenever opposite factions met there was a fight, 
and wherever they moved, oppression, robbery and blood- 
shed marked their course. 

The people of Lecompton, quaking under a guilty con- 
science, with the plunder of Lawrence in their houses, be- 
came alarmed lest the free state men should attack the 
town. Governor Shannon, who had already lost two fine 
horses, shared in the feeling of the inhabitants. From this 
fact, and seeing the pro-slavery men generally worsted in 
guerrilla encounters, the Governor ordered the LTnited 
States troops posted at Lecompton, Lawrence and Topeka, 
to preserve the peace, and " as the only way to prevent civil 
war between the two contending parties." 

There was a brave and determined free state man by the 



1856.] DIPFICULTIES AT LEAVENWOllTH. 341 

luiine of Captain Walker, who lived between Leoompton 
;!1k1 Lawrence, lie became Colonel in the war for the 
Union, in wliicli he distinguished liiniself. He now lives at 
Lawrence. The pro-slavery men hated him intensely, and 
decreed his destruction. While in camp at Lecompton, 
(.'olonel Titus said " he would have his head on or oil" his 
.shoulders, and for it would give any man five hundred dol- 
lars." A party from the pro-slavery camp resolved to 
make an attempt to secure this outlaw. Caj^tain Walker 
having been informed of the intended attack, gathered 
some thirty of his neighbors together at his house. They 
posted themselves and awaited the attack. About midnight 
a party of twelve men rode up before the house, all armed 
with revolvers and bowie knives. Several of them dis- 
mounted and entered the- yard. Just as they were prepar- 
ing to march up to the house, Captain Walker and his men 
iired. One horse fell dead in the gate-way, and in the 
twinkling of an eye every one made a hasty retreat. Some 
dropped their knives and revolvers ; one, in his hurried 
jump over the paling fence, left a portion of his coat-tail 
with a bottle of v>diisky in it, dangling in the air. As they 
skedaddled they rushed into another squad ot Captain 
Walker's men, and two were captured. The prisoners were 
detained during the night, but liberated next morning, 
promising to amend in the future. 

They, however, ungratefully repaid their liberators. They 
reported the names of those who had come to Captain 
Walker's defense, and writs were made out against them. 
The Captain was compelled to leave his house and lind 
safety in ravines or thickets. Judge Wakefield, one en- 
gaged in the defense, on learning that a writ had been is- 
sued against him, set out to leave the Territory, with a view 
of gathering a company of men and returning, but was ar- 
rested at Leavenworth and brought back to Lecompton, 
where he was soou liberated. 

About the same time an attack was made upon the house 
41 



342 History of Kansas territory. 

of Mr. Storrs, wlio lived on a beautiful claim on Washing- 
ton Creek. He, with five men, was in his cabin deter- 
mined to defend it, while a party of Georgians were recon- 
noitering and planning an attack. A widow lady, on oIj- 
serving their demonstration and comprehending their na- 
ture, mounted a horse and galloped to Lawrence for help. 
Two dragoons and three free state men hurried to the res- 
cue. As they approached, the Georgians, observing them, 
fled. When within two hundred yards, they were com- 
manded by those in the cabin, who mistook them for their 
enemies, to "halt," but on they came at full gallop. Fail- 
ing to regard the summons "halt,'" which was again shouted, 
the iire of a half a dozen rifles flashed from the cabin. "In 
a twinkling, both the foremost dragoons rolled over, horse 
and man ; one Vv^ith a bullet in his arm, and another in his 
leg ; both horses were wounded, and though the other dra- 
goon was not shot, he came down with an emphasis that 
left him stretched for a minute or two senseless. In his 
summersault his sabre flew out of its scabbard and the 
scabbard bent double." As the firing was kept up and the 
bullets whistled their piercing music, the company which 
had come to succor the free state men hurried away. They 
supposed that the house had been taken and occupied by 
the Southerners, and knew no better until the next day 
when the mutual mistake was discovered. 

During all these troubles Governor Shannon at Lecomp- 
ton was under the control of the South Carolinians. He 
was feasted and toasted by them until he entirely lost sight 
of his dignity and responsibility. The Southerners being 
generally worsted in guerrilla encounters, at their sugges- 
tion, the Governor not only had United States troops 
posted at Lecompton to protect the place against a general 
attack, but at the head of a squad began his memorable 
perigrinations through the Territory in search of Sharp's 
rifles. lie went from house to house, ransacked household 
goods and wherever he could pick up a musket, shot-gun 



1856.] DIFFICULTIES AT LEAVENWORTH. .34^> 

or rifle, he reckoued that he had weakened the insurrec- 
tionists so much. Many ridiculous incidents marked the 
tipsy Governor's search for arms. 

The Committee of Investigation having completed their 
work at Lawrence soon after the troubles began, adjourned 
lO Leavenworth City. They had evinced a determination 
to perform their mission impartially, to expose fraud an >! 
injustice, and the monstrous inicpiities practiced upon tlio 
people of Kansas. On this account pro-slavery men desirof] 
its sittings broken up, the evidences it had accumulated! 
against them destroyed, the Committee compelled to aban- 
don tlieir undertaking and retire from the Territory. To 
attain this object, it was thought, had given rise in some 
measure to the demonstrations upon Lawrence. After the 
sack of this place many of the dispersed posse repaired to 
Leavenworth and resumed their efforts to disturb the Com- 
mittee. 

The following notice was one morning found posted on 
the door of the Committee room: 

" Mat 26. 

'^Messrs. Howard and Sherman: 

" Sirs : With feelings of surprise and disgust we have 
been noticing the unjust manner in which you have been 
conducting this investigation, we wish to inform you can 
no longer sit in this place. 

" We therefore request you to alter your obnoxious course, 
in order to avoid consequences which may otherwise follow. 

" Captain Hemp, 
" In behalf of the citizens. 
" Leavenworth City, 1856.'' 

The ruffians from their first entrance into town daily grew 
more bold and warlike. All persons in any way affected 
Avith anti-slavery sympathies were either notified to leave 
the Territory or threatened with death by the rope or the 
riMe. On the morning of the 28th of May the ''Leaven- 
worth Herald " issued a reprint of the "war extra" from 



844 HISTORY OF KANSAS TERRITORY. 

the Westport paper. The account of the Pottowattomie 
murders was published, which served to exasperate the 
ruffians. A pro-slavery meeting was immediately held in 
which Stringfellow and liichardson took a prominent part. 
They passed a resolution requiring all active free state men 
to leave the Territory and resolved themselves into a Vigi- 
lance Committee to enforce it. A list of the most obnox- 
ious freesoilers was drawn up, presented to the officer of the 
day — Warren D. Wilkes, of South Carolina. This gentle- 
man, at the head of a body of Southerners and Kickapoo 
Rangers, armed with United States muskets and bayonets, 
paraded the streets, and placed guards in various portions 
of the town to prevent the escape of fugitives. The mob 
then proceeded to make arrests. Mr. Sherman of the Con- 
gressional Committee seeing Mr. Conway, who had been 
acting as clerk for the same, among the persons thus held 
prisoners, inquired of Mr. Wilkes " if he had arrested one 
of the clerks of the Committee on any legal process."' This 
official replied " he had not, but, at all hazards would ar- 
rest those whose names he had on his list." Thus they 
continued their work until they held thirty free state men 
prisoners. These were guarded in a frame building until 
dark, when many w^ere permitted to escape on promising 
to leave the Territory. These violent demonstrations lasted 
for some time, and did not entirely subside until the last of 
October. 



1856.] " OLD brown's " WARFARE. 345 



CHAPTER XXXIII. 

" OLD brown's " WARFARE. 

It was at this stage of affairs that Captain John Brown, 
Sen., began to figure in the stirring events of the times. He 
was a man of characteristic ancestry, being sixth in descent 
from Peter Brown, one of the Puritans who tied from the 
intolerance of England in the Mayflower, and landed at 
Plymouth Rock on the 22d of December, 1620. His grand- 
father and namesake was Captain of the West Sunsbury 
train band, and as such joined the Continental army at j^ew 
York in the spring of 1776. After two months' service he 
was seized with camp fever, and died in a barn a few miles 
north of the city. 

Captain John Brown was born in Torrington, Connecti- 
cut, on the 9th of May, 1800. His mother was the daugh- 
ter of Gideon Mills, who served in the Revolutionary w^ar, 
and attained the rank of Lieutenant. His father, Owen 
Brown, when John was but five years old, emigrated to 
Hudson, Ohio, and during the w^ar of 1812 furnished beef 
cattle to the American army. John, then fourteen years 
of age, accompanied his father as cattle driver. In this ca- 
pacity he witnessed the movements of the army, and Hull's 
surrender at Detroit. He became so disgusted with what 
he saw of military life that when he attained a suitable age, 
he refused to take part in the militia drills, and either paid 
his fine or furnished a substitute. 

In his early days he enjoyed few advantages for mental 



346 HISTORY OF KANSAS TERRITORY. 

acquirements, from which cause he knew little even of the 
primary branches of school education. At the age of eight, 
he suffered the loss of his mother, which he lamented for 
years afterwards. When sixteen years of age, he joined 
the Congregational Church, and from tifteen to twenty 
learned the tanner and currier's trade. At the age of 
twenty he went East, with a view of acquiring a liberal ed- 
ucation in some good college, and preparing himself for the 
ministry. Having nearly fitted himself for college under 
the instructions of Rev. Moses Hallock, ho was suddenly 
seized with the inflammation of the eyes, which compelled 
him to quit school. He returned to Ohio, where he mar- 
ried his first wife, by whom he had seven children. She, 
dying in 1832, he shortly afterwards married a second time, 
from w^hich union were born thirteen children, of whom 
three sons were with him at Harper's Ferry, two of vv'hom 
lost their lives and the third escaped. 

From 1821 to 1826, he spent his time in Ohio at .tanning 
and farming, and then moved to Crawford County, Penn- 
sylvania, where he continued in the same vocation. In 1835 
he returned to Ohio, Portage County, where, besides carry- 
ing on his trade, he speculated in real estate, which resulted 
in financial loss. In 1840 he engaged in the wool business, 
and in 1846 removed to Springfield, Massachusetts, where 
he sold wool extensively on commission for growers along 
the shore of Lake Erie. Here he undertook to dictate the 
prices of wool to the l^ew England manufacturers, who, 
forming a league against him, forced him to send his wool 
to Europe for a market. He shipped two hundred thousand 
pounds to England, where he sold it for one-half its value, 
and returned bankrupt. In 1849 he removed to Essex 
County, New York, upon a piece of land given him by 
Gerret Smith. This was located among the Adirondack 
Mountains, rugged, cold and bleak. Here the same benev- 
olent philanthropist had granted lands to negroes, who had 
formed a small settlement upon them. In 1851, Brown re- 



1856.] "- OLD brown's " WARFARE. .3-47 

turned to Ohio and engaj^ed in the wool traffic a^-ain, but 
in 1855, on starting to Kansas, lie removed his family to 
their former home at ISTorth Elba, in New York, where they 
still reside, and where his grave was afterwards made. 

As early as 1839 Brown conceived the design of libera- 
ting the slaves in the South, although from his boyhood he 
had been a " determined abolitionist.'" The character of his 
reading, his travels in Europe, and his residence among the 
blacks in ISTew York, all tended to fit and prepare him for 
tlie great object of his life. When Kansas was thrown open 
to settlement, his four elder sons determined to emigrate 
thither, which they did, and settled in the spring of 1855, 
about eight miles from Ossawattomie, on Potto wattomic 
Creek. They came with the view of assisting in making- 
Kansas a free State, and of securing to themselves comfort- 
able homes. Troubles soon breaking out in the Territory, 
and they themselves being harrassed and threatened, they 
vrrote back to their father for arms, with which they might 
protect themselves. These the father procured through the 
generosity of his friends, and instead of sending, went with 
them to Kansas. 

He came here, therefore, unlike free state men generally, 
not to settle and make a home, but to fight in the battles of 
freedom, and, when the conflict was over, to return. Still, 
while here, when not engaged with the enemy, he was in- 
dustriously employed upon his claim, building a house, lay- 
ing out his fields and attending to stock. The part which 
he took in the Kansas troubles will appear in connection 
with the events. In the fall of 1856, after the demonstra- 
tion upon Lawrence, he left with his tour sons for the East, 
by way of ]N'ebraska. In iSTovember he appeared before the 
iN'ational Kansas Committee, soliciting aid, but without 
much success ; in Jaimary he appeared before the Massa- 
chusetts Legislature, to whom he made a speech detailing 
his experience in Kansas. While East he contracted for the 
pikes which he afterwards used at Harper's Ferry, and labored 



348 HISTORY OF KANSAS TERRITORY. 

to secure friends aiul further Lis designs generally against 
slavery. The celebrated Canada Conterence was held, a 
constitution for a provisional government drawn up. and the 
whole scheme of liberating the Southern slaves, as after- 
wards developed, framed. It was the arrangement to have 
made the attack at Harper's Ferry sooner, but various 
causes led him to defer the matter and make a strike in 
Kansas first. He accordingly labored to secure funds and 
arms with which to equip a company of one hundred men 
for demonstrations in South-eastern Kansas. Unsuccessful 
in a great measure in the accomplishment of the latter ob- 
ject, he returned, dissatisfied with his Eastern visit, in ISTo- 
vember, 1857, to this Territory, where, the following fall 
and winter, he co-operated with Montgomer}^ against the 
Ruflians in Southern Kansas. 

Old Brown, as he was familiarly called in Kansas, was 
no politician, and had taken no interest in politics since the 
first election of Jackson. He was decidedly a man of action 
and had no faith in the overthrow of iniquity and sin by 
moralizing and theorizing. His religious convictions were 
deep and settled ; and it is only when we consider his im- 
swerving and abiding Faith that the overruling Providence 
would protect and, give success to the Right, that we are 
enabled to understand the reasons which actuated the man. 
He was a great lover of the Bible, and especially of the Old 
Testament, among whose characters Gideon was his favorite. 
He believed w^ith the most unclouded Faith that the same 
Lord that strengthened Gideon, would strengthen him in his 
stroke for the oppressed. Viewed in any other light than 
that of Christian faith, his scheme for the liberation of the 
slaves is fanatical and absurd. 

In January 1859, Brown left Kansas with a lot of slaves 
taken from Missouri. He proceeded to Canada, where the 
details of his subsequent raid in Virginia were arranged. 
He spent the spring and summer in preparing for the an- 
ticipated stampede. On the 16th of October he made his 



1856.] '' OLD brown's "■ WARFARE. 049 

well known ii.^sault jit lIar[>or's Ferry, Aviiicli cost, bini and 
t.wo of his sons their lives. 

Captain John Brown, Jr., upon hearing that Lawrcnee 
was menaced by a large body of invaders, set out with a 
company of sixty men to join in the defence of tliat place ; 
but in consequence of the peace policy adopted, his services 
were never brought into recjuisition. After the sacking of 
the town lie returned, disbanded his men and retired to 
work on his claim. 

Pro-slavery men in the region of Osawattomie had for 
some time been very impudent, bold and threatening. The 
spirit of extermination which incited the destroyers of 
Lawrence and which had been breathing its threats along 
the Border all spring, at once seized the pro-slavery men 
of that section. To illustrate this fact, the case of Mr. Bell, 
who now lives near Baldwin City, will suffice. He had 
come from Missouri a short time l)efore and settled in a 
pro-slavery neighborhood near whore he still lives, lie oc- 
cupied a house belonging to a pro-slavery man and was 
kindly received by that party, they supposing, as he came 
from Missouri, that he was all " sound on the goose."' But 
ascertaining iiis free state proclivities, they dropped him, 
and about the time that Lawrence was invaded, ordered 
him out of the house. In vain he entreated to be allowed 
to remain until his wife would recover from her sickness, 
and that he might be able to look around for another 
house. The order was imperative and with his afflicted 
family he moved into a rail pen for shelter. Leaving his 
family with only provision enough for two days he went to 
Missouri for a supply, but on his return, when within eight 
miles of home, was seized, taken back and held prisoner, 
though he earnestly importuned to bo allowed to convey 
his provisions to his famishing wife and children. 

While the men al)out Osawattomie were absent at Law- 
rence, their pro-slavery neighbors visited their defenseless, 
families, insulted and notilied them to leave the country, 
42 



350 



HISTORY OF KANSAS TERRITORY. 



and threatened, in case they did not observe this order to 
kill them all. A certain man who had a store was 
shockingly abased because he had furnished the free state 
men ammunition when they set out for Lawrence. It was 
then, and is yet, believed by the residents of that part of 
the country that a plan had been arranged for the destruc- 
tion of all the free state men in the neighborhood the latter 
part of May and especially those of the Browns. 

On the return of Captain John Brown, junior, and his 
company, and learning the deep laid plots of assassination, a 



I 




JOHN BROWN STARTING OUT TO BEGIN THE WAR. 



council was held near Osawattomie, at which the question 
of taking the field and engaging in actual hostilities was 
discussed, of which Captain John Brown, senior, warmly 
advocated the afiirmative. The majority of the company 
on its being put to vote, deciding against him, he stepped 
out from the ranks, and with sword upraised, called upon 
all wdio were willing to begin " the war in earnest " to fol- 
low him. About eight responded, and with them, he left 
the camp of his son, to begin his memorable career. Pro- 
ceeding up the Maries Des Cygnes a short distance, he 
halted his men, and there, in the still and deep-tangled 



1856.] " OLD brown's " WARFARE. 351 

woods, held a council. Exactly whatwas said is not kno\vn. 
But Brown soon infused in his followers his own spirit of 
determination and hostility to slavery. At this council ii 
was determined whenever any demonstration tow^ards ex- 
ecuting the plot to massacre free state men should he ma(h' 
that certain parties should be killed on the spot. 

While Brown went North for aid, on the night of tin- 
24th of May, Mr. Doyle and his two sons, Mr. Shormtui 
and Mr. Wilkinson, were all taken from their houses and 
murdered. The act had been precipitated in consequenc 
of certain outrages committed by the above mentioned 
parties the day before. Old Bro'wn, who was absent at tlu' 
time, fully sustained and approved of the deed. 

Good people every where were shocked at the announeo- 
ment of this seeming act of barbarity, so utterly at vari- 
ance with the conduct and policy of free state men, many 
of whom strongly denounced it. But still, when men 
became familiar with the aggravating causes, the awful 
state of aflairs in that section of the Territory, they viewed 
the matter in a different light. While all the reasons, which 
w^e have sought truthfully to state, that impelled the actoi's 
in this bloody drama, may not excuse their conduct, they 
tend in a great degree to palliate it. Perhaps it approaches 
nearer a cold blooded atrocity than any other which at- 
taches itself to free state men in Kansas. While, therefore, 
we would not excuse, though we would not censure un- 
justly, an outraged and oppressed community, w^e can but 
deplore the occurrence, as partaking too much of the re- 
morseless character of the Border Ruffians. 

This occurrence, like the " murder of Jones,'' was used 
as a pretext for new outrages by Southerners and Missou- 
rians. The usual "war extras" were issued, IS. G. Cato 
exerted himself to bring the murderers to justice, Shannon 
was petitioned for troops and arms, a messenger wns, dis- 
patched to Fort Scott for aid, and every thing was hurry 
and confusion, as though an invading army was upon them. 



352 HISTORY OF KANSAS TERRITORY. 

Accordingly, Governor Shannon dispatched Captain 
Wood, then commanding at Lawrence, to the scene of dif- 
ficulties, lu a day afterwards, receiving word that 
armed bands were collecting on the Pottowattomie Creole, 
he sent Lieutenant Church with a small detachment to in- 
vestigate the facts. This officer proceeded south of Law- 
rence about eighteen miles, where ho mot Captain Brown 
with a force of about eighty men, v/honi he commanded to 
disperse. Agreeable with this requisition. Captain Brown 
and his men repaired to their homes ; the Lieutenant re- 
turned and reported that there were no men collecting for 
the purpose of invading the Territory. 

For the purpose of capturing or destroying " Old Brown," 
Captain Pate, towards the last of May, set out for Osawat- 
tomio with his company of " Shannon's Sharp Shooters." 
lie was a Virginian b}^ birth, good looking and intelligent. 
Of some experience as a journalist, he made an excellent 
correspondent of the " Missouri Republican," in which he 
gave the pro-slavery version of Kansas matters. He took 
an active part with the Border Ruffians, and seemed to en- 
joy the invasions as the happy diversions of life. At the 
sacking of Lawrence he rode a fine horse, decorated with 
ribbons. 

On arriving in the neighborhood of Osawattomie, ho 
captured two of " Old Brown's " sons, John, a member of 
the State Legislature, and Jason, both of whom he found 
quietly working on their farms. They were charged with 
murder, kept in irons and treated with severity. Captain 
Pate proceeded to arrest other persons, and burn houses. 
Shortly Captain AYood arrived, when the prisoners were de- 
livered over to him, by whom they were treated with the 
same inhumanity. Being unable to lind Captain Brown, 
Sen., Pate, with his company and United States troops, set 
out, on the 81st of May, for the Sajite Feroad. Tlie troops, 
with the prisoners, encamped on Middle Ottowa Creek, 
■'J^hey afterwards continued their journey to Lecompton, 



1856.] " OLD brown's " WARFARE. 853 

distaut twenty miles. The prisoners were driven before the 
dragoons, in the hot sun, chained two and two. John 
Browm, Jr., w^ho was of a sensitive nature, excited by the 
horrid stories told him about the murder of his father, be- 
came insane while in the camp at Leavenworth. 

Captain Pate and his company advanced as far as Hickor}- 
Point, on the Santa Fe Poad, and encamped on the head of 
a small branch called Black Jack. His camp w^as five miles 
south-east of Palmyra, and the same distance in an eastern 
direction from Prairie City, at the head of a ravine in the 
(.'dge of the prairie. " The bottom of the ravine at Black 
efack, besides the growing timber, had some deep water 
drains or ruts, round which was a thicket. Tliere was also 
several bogs on the spot where the camp was." 

That night Captain Pate's company plundered Palmyra, 
and took several prisoners — Dr. Graham, of Prairie City, 
who was out reconnoitering, and Father Moore, a Baptist 
Preacher. The latter was an old man, from Missouri, and 
knowm to some of his captors. They cruelly maltreated him 
l)y putting a funnel in his mouth and pouring wdii sky down 
his throat, in order, as they said, 'Ho make the old preacher 
drunk."' On the following morning they returned and com- 
pleted the plundering of the place. In the afternoon they 
undertook to repeat the same thing on Prairie City. Six 
men started upon this expedition. It being Sunday, people 
of that village were assembled in the house of worship. 
But men w^e.nt armed in those days, even to church, and 
w'hcn the watchman announced the approach of the Mis- 
sourians, the congregation rushed out; the men threw 
themselves in front of the enemy and captured two of them 
and made strange music for the balance. 

Meantime every eftbrt had been made to discover Pate's 
encampment, with the design of attacking it and releasing 
the prisoners. Captain Browni was on the tramp all the 
time. " Like a wolf," says a contemporary writer, " robbed 
of its young, lie steahhil}' l)ut re.sohitely, watched for his 



354 HISTORY OF KANSAS TERRITORY. 

foes, while ho skh'ted through the thickets of the Maries 
Des Cygnes/'' and Ottawa Creeks." Captain Shore, com- 
mander of the Prairie City company, was also diligent in 
the search. 

On Monday morning two scouts lirought tidings of the 
enemy's whereabouts. Immediately Captain Brown, with 
nine men, and Captain Shore, with nineteen men, left 
Prairie City and rode towards Black Jack, On arriving 
within one mile of this place, they dismounted, left their 
horses in charge of two guards and dispatched two messen- 
gers for help, one to Palmyra and the other to Captain Ab- 
bott's company on the Wakarusa. The remaining twenty- 
six men then marched towards the enemy. 

Captain Pate had now about fifty men under his com- 
mand. They had formed a kind of breast work by placing 
three or four wagons in a line on the prairie a few rods from 
the bottom of the ravine. They had pitched one of their 
tents immediately behind the wagons. When it was an- 
nounced that the free state men were coming. Captain Pate 
drew up his men behind this rolling fortification and pre- 
pared for the attack. 

" When they reached the enemy's position. Captain Brown 
wished Shore to go to the left and get into the ravine below 
them, while he with his force would get into the upper or 
prairie part of the ravine, in the bottom of which was long 
grass. As the ravine made a l^end they would thus have 
got in range of the enemy on both sides, and had them in 
cross-fire, without being in their own. Captain Brown, 
with his nine men, accordingly went to the right. Captain 
Shore, with more bravery than military skill, approached 
the foe over the hill to the west of their camp, marching 
over the prairie, up within good range, fully exposed and 
^vith no means of shelter near them." 

In a moment Captain Shore poured down upon the Mis- 
sourians a volley of lead in the front while Captain Brown 

'■'A French name, signifying " The Swamps of the Swans," 



1856.] " OLD brown's " AVARFARE. 355 

who had secreted his company in the tall grass, within the 
outer banks of the ravine, opened a galling fire upon their 
left flank. After the battle had lasted about five minutes 
the Missourians retreated from the wagons to the ravine, 
where they found secure lodgment. This left Captain 
Shore's men exposed to the fire of a concealed foe. They, 
therefore, retreated back until out of range, except the 
Captain and two or three of his men, who went down and 
joined Brown. The firing on both sides now continue<l 
with little effect. Captain Brown visited the boys on the 
hill, some of whom he found had gone after ammunition, 
others fixing their guns, and directed them to shoot at 
the horses of the enemy across the ravine. 

The prisoners whom Pate held, were stationed in the 
tent by the wagons with a guard. When, the firing began 
they lay flat upon the ground and, though in the most ex- 
posed place, the bullets whistled over them harmlessly. 
After this ineffectual fire had been kept up for some time, 
one of the Missourians in the ravine s'NA'ore that " he would 
see to the prisoners." He rushed into the tent where they 
were confined and as he raised his pistol to shoot, Dr. Gra- 
ham sprang up. The weapon went off and inflicted a flesh 
wound in the Doctor's arm. Graham rushed from the tent 
and his guards, and made his escape to the men on the hill. 
As he did so several shots were fired at him but only one 
took eflect, wounding him in the hip. 

The firing lasted about three hours. Two of the free 
state men and three pro-slavery men were wounded. At 
length a young Soutlioru'er and a prisoner were sent out to 
Brown's camp with a flag of truce. "When they reached the 
free state men, Captain Brown demanded of the Southerner 
if he was the commander of the forces in the ravine. The 
reply having been given in the negative, Captain Brown 
said : " Then you stay here with me, and let Mr. Lyman, 
(the prisoner) go and bring him out. I will talk with 
him." In a short time Captain Pate made his appearance. 



356 HISTORY OF KAJ^SAS TERRITORY. 

After some little parleying, in which the Missouri comnuui- 
der attempted to excuse himself by claiming to act under 
the authority of the United States Marshal, Captain Brown 
cut him off short by demanding his unconditional surren- 
der. With only five men Brown entered the Missouri camp 
and received Pate's surrender. He thus captured twenty- 
one men besides the prisoners, twenty horses and mules, 
several wagons, provisions, camp equipage, and a vast 
amount of plunder which had been taken at Palmyra. In 
the course of an hour the free state forces were augmented 
by the addition ol Captain Abhott's company of fifty men, 
and towards night by others from Lawrence. The wounded 
were carried to Prairie City and cared for ; Captain Brown 
afterwards moved with his prisoners and strongly entrench- 
ed himself in the thick woods of Middle Ottawa, Creek, im- 
mediately back of Prairie City, about a quarter of mile 
from where Dr. Coughill's house now stands. 

As soon as the battle of Black Jack was announced, the 
various bands of opposing forces began to march in that di- 
rection. Franklin had not been entirely abandoned by the 
pro-slavery forces since the sack of Lawrence. On the 
night of the 14th of June there were a number of Buford's 
men and Missourians assembled at this place. They had 
a quantity of arms, ammunition, provisions, and a brass 
six pounder, all of which properly belonged to Lawrence. 
The plunder gathered from intercepted wagons, and from 
Lawrence had in large quantities been stored here, and the 
]3order liuflians went and come at this town whcBiever 
they chose. It had always been used as a pro-slavery ral- 
lying point and headquarters, in case of invasion from Mis- 
souri. 

For the purpose of recapturing this stolen property, and 
breaking up this stronghold of the enemy, who would have 
Lawrence at their mercy when the free state forces should 
go below to relieve Brown, an attack was planned by the 
I'ree state companies in the vicinity of Lawrence. But the 



1856.] "OLD brown's" WARFARE. S57 

• letails of the attack were poorly cleiined and there was lit- 
tle concert of action. 

A party of sixteen left Lawrence on the night of the 4th 
of June for Franklin. Failing to find the Wakarusa com- 
pany at the point agreed upon, they sallied into town amid 
the darknes, to the place where they understood the can- 
non was posted. But not finding it where they expected, 
they rambled about in town for an hour in search of it and 
to ascertain the position of the enemy. 

The Missourians had received word of their coming and 
had taken the cannon into the guard house, where they 
had it loaded. They numbered twenty three, were well 
armed and fortified and were anxiously awaiting the attack. 
The Lawrence boys readily concluded that nothing could 
he eftected without making an assault upon the guard 
house. So up to it they marched and demanded the sur- 
render of its garrison. This demand was contemptuously 
refused and a volley of rifle shots soon lit up the darkness. 
This was returned by the free state men, when the six 
pounder howitzer was let ofi" with an unearthly noise. It 
had been loaded with nails, horse-shoes and chains which 
went screaming through the darkness wildly but harmlessly. 
The firing was continued on both sides and the pro-slavery 
men from the other houses began to bang away at — tliey 
scarcely knew v/hat. The free state party lay flat down 
in the streets and the balls whistled over them. Here the}'' 
loaded and fired their Sharp's rifles with impunity. 

The Wakarusa company, which had become bewildered, 
in the darkness and lost their way, guided by the firing, 
entered Franklin ; but not knowing the position of friends 
or foes, they were unable to take part in the engagement. 
They, however, burst open a storehouse full of plunder. 
They filled one wagon with powder, guns and provisions 
and hurried it away. Had they brought four or five wag- 
ons they could have filled them all. But as it was they ob- 
43 



358 HISTORY OF KANSAS TERRITORY. 

tained many of the Sharp's rifles and old alligator guns 
which had been seized from the free state men. 

At the break of daj^ the guard house was abandoned by 
all except the wounded. The free state men fearing the 
approach of the United States troops who were in camp 
near Lawrence, were compelled to leave the town. iSTot 
having any horses they Avere unable to remove the cannon 
they had so bravely captured. By a better planned attack 
they might have secured all the powder, shot, caps, guns, 
flour, sugar, cofieC; bacon, &c., that Buford had taken and 
stored away for his men. But one of the tree state men 
was hurt in the rencounter, while four of the opposite 
party were badly wounded, two of whom subsequently died. 

A large force of Missourians and Southerners was by this 
time assembled on Bull Creek, about twelve miles east of 
where Baldwin City now stands, under the command of 
General Whitfield, the Missouri-Kansas Delegate to Con- 
gress. He had a regular organized army of about three 
hundred men, properly officered and armed. Some of the 
noted men of the Border were with him ; Captain Beed, of 
Independence, and a candidate for Congress, Milt. McGee, 
now a prominent stock holder in Kansas City, Coleman, the 
murderer, Captain Jenigen, who had been taken prisoner by 
Captain Walker, Captain Bell, and several prominent South- 
ern officers from Buford's regiment. On the 5th of June 
they marched up and encamped a half mile to the south of 
Palmyra in a ravine. 

Failing in his attempts at disarming the free state settlers of 
Kansas Territory, who still proved victorious in every conflict, 
the Governor issued his proclamation, immediately after the 
battle of Black Jack, for all armed bands to disperse and 
go home ; the United States troops were empowered to 
carry out this order, and in case of companies reassem- 
bling, they were to be disarmed. To carry out this pro- 
clamation and to make further arrests. Colonel Sumner was 



1856.] " OLD brown's " WARFARE, 359 

ordered with his command and Deputy Marshal Fain, l*- 
proceed to the scene of disturbance. 

This prochunation deterred and (.linunished the gatherinu' 
of the free state forces. Xevertiieless by June 5, then' 
were encamped at Hickory Point, about one mile from Pal- 
myra, one hundred and eleven free state men, composed of 
fifteen from Fruuklin, a few from Bloomington under Cap- 
tain Walker, some from Lawrence under Captain Crackliu, 
and Captain Abbott's compau}-. Captain Shore with forty 
men was encamped Ijack of Prairie City ; while a few miles 
further west was a regular guerrilla band of young frei.' 
state men under Captain Lcnhart, formerly a printer iii 
Lawrence, twenty in all, with whom were Cooke* and Ho}- 
klns, who sometnnes acted as Captains of guerrilla parties. 
The whole number of free state men then under arms in 
that vicinity was about two hundred. 

Colonel Sumner, who had started on the 4th, arrived in 
Prairie City on the 5th of dune. There wxre then in that 
vicinity, within a space of four miles square, three distine; 
forces numbering in all about seven hundred men. Learn- 
ing the position of Captain Shore's company, Colonel Sum- 
ner first went and dispersed it. He w^ould not likely have 
discovered Captain Brown's camp in the w^oods had not the 
latter heard that he wished to see him. He, therefore, dis- 
patched a messenger to Colonel Sumner to inform him if 
such was the fact he w^ould come out and have an interview. 
The Colonel sent back the messenger to tell him to come 
out. Captain Brown, thinking that Colonel Sumner wished 
only to hold a military conference, was some what surprised 
when he came in the presence of this official to find him- 
self a prisoner. Yielding himself up without resistsnce he 
led Colonel Sumner and the Deputy Marshal to his camp. 
There lay t^venty-seven prisoners guarded by fifteen of 
Brown's men. But Colonel Sumner afterwards^ remarked 
that Brown had so entrenched himself in the choice selec- 

■■■Hnng at Harper's Ferry- 



360 HISTORY OF KANSAS TERRITORY. 

tion of his compauy groiiud that a thousand men could not 
have taken him. When the Deputy Marshal, Avho "was 
filled with trepidation at the thought that the surrounding- 
forest was likely filled with armed free state men, replied 
that he had no writs to execute upon any person there, he was 
upbraided by Colonel Sumner for having told him the con- 
trary. 

The prisoners, who had been trejfted with marked kindness 
during their detention, w^ere set at liberty. Their horses, 
baggage, arms and camp equipage, were restored to them. 
When Colonel Sumner saw the United States arms handed 
over to the prisoners, he administered a scathing rebuke to 
Captain Pate for thus employing United States property to 
such an unauthorized and dishonorable purpose. Brown's 
company was ordered to disperse. When the Captain re- 
minded the Colonel that free state men could not disband 
and retire to their homes, w^hile an invading army was in 
their midst destroying lives and property, the latter prom- 
ised that he Avould at once visit Whitfield and disperse his 
force. 

Colonel Sumner then proceeded to General Whitfield' s 
camp, Vi^here he was received very courteously. They rep- 
resented themselves as residents of the Territory, assembled 
in arms to release their neighbors who were held prisoners, 
and to protect the country from the outrages of a bel- 
ligerent foe. Colonel Sumner, having accomplished this 
object partially, and assuring them he would fully, they 
promised, on their honor, to disperse and return to their 
homes. 

Accordingly Sumner fell back towards Prairie City 
and encamped. The next day he returned to Fort Leav- 
enworth. General AVhitfield and his command removed 
to Black Jack and encamped that night on the spot where 
the battle had been fought. Captain Pate and his company 
were with him. On their way thither they captured a 
young free state settler by the ntmie of Cantral, and pluu- 



1856.] " OLD brown's " WARFABE. 861 

dered a house. Cantral was a Missouriau and bad partici- 
pated with the free state party in the battle of BLack Jack. 

Early next morning TVhitfiekVs army decamped and di- 
vided. About one hundred and seventy under Captain . 
Reed, of Independence, Captains Pate, Bell and Jenigen, 
started for Osawattomie ; twenty more started for Wash- 
ington Creek, where they lived ; the remainder, under Whit- 
lield, left for Missouri, carrying with them the prisoners, of 
whom they had several. When the latter division had 
proceeded some fifteen miles in the direction of Westport, 
the}' encamped on Cedar Creek. Here they went through 
the farce of trying Cantral as a traitor to Missouri and 
found him guilty. He was then led away by four men, one 
of whom was Milt McGee, of Westport, into a ravine and 
shot. Cantral's body was afterwards found with three bul- 
let holes in his breast and taken home to his a filleted 
widow. Several other prisoners were supposed to have 
been killed in the same way, as seven dead bodies were 
afterwards found in that vicinit3^ Mr. Bell, who now lives 
near Baldwin City, was one of the prisoners and witnesse d 
the facts as above narrated. 

When Cantral was first taken, efibrts were made to get 
Colonel Sumner to eftect his release but in vain. This offi- 
cer relied too much upon the empty pledge of Whitfield. 

Wlien, however, the next day three pro-slavery guerrillas 
were seized and held prisoners by free state men, Colonel 
Sumner immediately sent a squad of dragoons to rescue 
them. 

The division of invaders under Captain Reed encamped 
at Paola on the evening of the 5th of June. A messenger 
from Osawattomie came from the free state camp near Pal- 
myra, informed them of the expected attack and solicited 
assistance. Efforts were made to get the United States 
troops to move to the protection of the town, but it was 
answered that a force under Major Sedgewick was encamp- 
ed in the vicinity of that place which could preserve ordci' 



362 HISTORY OF KANSAS TERRITORY. 

and prevent injury. On the following morning Sedgewick 
with his forces, unaware of the attack to be made upon 
Osawattomie, moved several miles further up. But the 
settlers and those aware of the movements of the Border 
Ruffians did not believe that they designed to attack the 
place but merely to surround the town and cut off travelers 
and supplies on the road. The consequence was, there was 
no preparation made for defense. 

Early on the morning of the sixth of June these Missouri 
forces decamped and marched for Osawattomie. They 
entered the town suddenly, startling the inhabitants by their 
presence. They began that wholesale pillage which charac- 
terized the sack of Lawrence. Stores were entered and their 
contents appropriated ; private dwellings burst open and 
rummaged ; horses, guns, clothes, liquors, etc., etc., were 
taken, while the air was rent with wildest profanity and 
deadly threats all over town. The printing press which 
had not yet been put up, was hunted tor in vain by tlie 
destroyers. They took womens' apparel — petticoats, ear- 
rings, dresses, &c.; set fire to several houses which was 
put out by the inhabitants. When they had gathered all 
the plunder they could carry, they hastily retreated lest the 
abolitionists should come upon them, and retired to the 
Border, like hawks to the solitudes, to feast upon their 
bootv. 



1856.] RELIEF FOR KANSAS. 363 



CHAPTER XXXIY. 

RELIEF FOR KANSAS AND THE DISPERSION OF THE LEGISLATURE. 

It would be too tedious and painful to relate tlie many 
outrages that were committed during the summer. Guer- 
rilla bands scoured the country ; men were robbed on the 
highway,; several hung in the forests, and many shot down 
on the prairies. Women were insulted and violated ; fam- 
ilies driven from their claims, their houses burnt, and tields 
laid waste. Few were the harvests reaped, and little was 
the provision stored away. All the evils of civil war filled 
the land. 

Not content with oppressing and driving out the tree 
state settlers of Kansas, the " law and order party " stopped 
emigrants, robbed and turned them back. Ten families, 
from Iowa and Illinois, with farming implements and house- 
hold furniture, moving in wagons, were stopped near Platte 
City, by one hundred and fifty men, armed with United 
States muskets, bowie-knives, revolvers and shot guns. 
Their wagons were searched, a few gaming rifles taken, 
and the whole body of emigrants forbid entering the Ter- 
ritory. They were turned back, and finally found lodge- 
ment in some old houses, ten miles beyond Liberty, where 
they remained until the troubles were over. Seventeen 
other emigrants, from Illinois, were robbed and scattered 
by a mob at Leavenworth. 

Boats containing passengers coming up the Missouri river 
were stopped and searched. Arms, clothing, money and other 



364 HISTORY OF KANSAS TERRITORY. 

valuables, were thus takeu, and free state ineu driven back. 
The Missouri River was completely blockaded to eastern 
shipment and travel. The provisions and clothing sent out 
by Eastern friends to the sulferers in Kansas were deliber- 
ately taken. The following is a notice of the arrest and 
turning back of Eastern emigrants : 

" MOEE ABOLITIONISTS TURNED BACK. 

" The steamer Sultan, having; on board contraband arti- 
cles, was recently stopped at Leavenworth City and light- 
ened of forty-four rifles, and a large quantity of pistols and 
bowie-knives, taken from a crowd of cowardly Yankees, 
shipped out from Massachusetts. The boat was permitted 
to go up as far as Weston, where a guard was placed over 
the prisoners, and none of them permitted to land. They 
were shipped back from Weston on the same boat without 
ever being insured by the shippers. "We do not approve 
fully of sending these criminals back to the East to be re- 
shipped to Kansas — if not through Missouri, through Iowa 
and JSTebraska. We think they should meet a traitor's 
death, and the world can not censure us if we, in self-pro- 
tection, have to resort to such ultra measures. We are of 
the opinion if the citizens of Leavenworth City or Weston 
would hang one or two boat loads of abolitionists, it would 
do more towards establishing peace in Kansas than all the 
speeches that have been delivered in Congress during tlie 
present session. Let the experiment be tried." 

In consequence of the excited condition of the Territory 
and the waste of property, the spring found the free state 
men in great want of the necessities of life. Appeals were 
made to the people of the free States for aid. Vast contri- 
butions were raised, and provisions and clothing were sent 
to the needy in Kansas. Much of these supplies were 
seized on their way up the river. The Boston Relief Com- 
mittee raised and appropriated about $20,000. Collections 
were made by lecturers, and relief furnished from all sec- 
tions of the free States by individual donations. 

The people of the Northern States watched with solici- 



1 856.] - RELIEF For Kansas. 365 

tilde the affairs in Kansas. And after the Congressional 
report was made pnblic, those who were incrodulons of the 
alleged outrages now l)elieved the worst had never been 
told. They Avere connected with the niajorit}' of the set- 
tlers in Kansas, not only hy the kindred ties of blood, but 
;dso by sympathy and interest. Tliey regarded the emi- 
grants here as fighting the Ijattles of freedom against sla- 
very, and in the cause of justice and right. When they 
asked for provision and clothing, the free States liberally 
responded. And, now, when the soil of Kansas was over- 
ran by armed invaders, the settlers driven from their homes 
and many compelled to leave tlie Territory, when their 
towns Avcre sacked or threatened with destruction; their 
leading men imprisoned or expatriated ; when the natural 
course of travel and freighting was obstructed ; goods seized 
and taken from boats ; emigrants robbed and driven back, 
they were prepared to lend not only the means of susten- 
ance, but of protection to the peojde of Kansas. This is 
what gave rise to the Kansas Aid Societies and meetings. 

Early in the spring Kansas meetings were held at various 
towns, companies organized, and funds raised for .ivansas. 
On the 1st of March such an one was held in Milwaukee, 
Wisconsin, at which ^o,000 in money and a ([uantity of 
arms were contributed, and a plan set on foot to organize 
an Emigrant Aid Company, with Auxilliavy Societies in 
each county. 

About the middle ol March Kev. Henry Ward Beecher 
lectured at New Haven, Connecticut, for the benefit of a 
colony of seventy emigrants that were about to start to 
Kansas. At this meeting money was secured, by contribu- 
tions, to purchase fifty-two Sharp's riHes, the funds for 
twenty-five of which Mr. Beecher pledged his cougregatiou 
to raise. The company arrived in the Territory about the 
middle of Ax)ril, and settled at Wabaunsee. It was organ- 
ized and conducted under the supervision and leadership of 
44 



366 HISTORY OF KANSAS TERKITORY. 

G. B. Lines, now State Commissioner of Claims. Such was 
the character of some of the first Kansas Aid Meetings. 

When the people of McLane County, Illinois, learned 
that a number of their fellow-citizens had been intercepted 
in their emigration to Kansas, robbed and driven back with 
violent threats, they held a meeting, raised money, arnls 
and men for the purpose of removing the obstructions to 
the peaceful emigration of free state men to the Territory. 
W". F. Amy was the leader of this movement. In a few 
days an enthusiastic meeting was held at Chicago, which 
raised over 320,000 in one night for the relief of Kansas. 
To the committee appointed by this meeting Mr. Arny 
went, and a plan v/as arranged to co-ox)erate together and 
extend their work over the State. 

But about the first of July, at a general meeting of the 
friends of free Kansas in Buffalo, the Grand Kansas Aid 
Committee v/as organized, composed of one member from each 
of the Free States, except Illinois, which had three repre- 
sentatives. They appointed an Executive Committee to re- 
side in Chicago, whose duty it was to receive, forward and 
distribute the contributions of the people, whether provis- 
ions, arms or clothing, to the needy in Kansas. Auxilliary 
Societies were formed in every free State except Massa- 
chusetts, and the committee previously at work in Illinois 
joined in and co-operated with the National Committee. 
The Executive Committee was composed of Mr. J. D. Web- 
ster, Chairman, Mr. George W. Dole, Treasurer, Mr. H. B. 
Ilurd, Secretary. They received and distributed in money 
alone, about ^?120,000. Of this ^10,000 was expended in 
arms. Besides this they received donations, in small and 
large quantities, of provision, clothing and arms. Two hun- 
dred Sharp's rifies and ammunition belonging to this com- 
mittee, were seized at Waverly and Lexington, Missouri. 
The directors held their second and last meeting in New 
York during January 1857, before v/hom John Brown ap- 
peared and solicited aid. 



1856.] RELIEF FOK KANSAS. 367 

The Boston Relief Committee was organized early in tho 
«pring, for the purpose of sending clothing, provisions and 
money to the free State settlers in Kansas. It collected in 
Boston, chiefly in small sums by a spasmodic eliort, $20,000. 
In June the State Kansas Committee of Massachusetts was 
organized, and took the place of the Boston Relief. Geo. 
L. Stearns was chairman of the former committee. He had 
been laboring as agent for the latter, previously. This so- 
ciety extended its operations over the State, and collected in 
small sums from all classes. They would appoint a meet- 
ing in a locality, have a speaker to address the people, to tell 
the story of Kansas' wrongs and suiferings, and then take Uj) 
a collection for the relief of the settlers. In this way the}' 
raised in money about §78,000, one-half of which Mr. Stearn:^ 
was instrumental in securing himself. Until about the 1st 
of August they sent nothing but mone}-, provisions and 
clothing ; at that time the Missouri River v."as closed to em- 
igration, and earnest entreaties were made for arms. Two 
hundred Sharp's rifles and ammunition were immediately 
sent by way of Iowa, to the Territory. They were detained 
at Mfc. Tabor, Iowa, and never reached Kansas. They 
finally fell into the hands of John Brown, and were taken, 
to Harper's Ferry. The Committee also assisted in the elec- 
tions of 1857-8, in the Territory. 

There were many things during this summer that tended 
to increase the interest which the North felt in the welfare 
and success of free state men in Kansas, and the odium with 
which they regarded the slave propagandists. The Presi- 
dential campaign had opened in full blast, and was charac- 
terized by a popular excitement, scarcely equalled in tlie 
history of our country. And the wrongs and outrages 
committed in Kansas were held up in public meetings be- 
fore the world, the Border Ruflians were burlesqued by 
grotesque figures and mocked in their atrocious conduct. 
Many a time has the writer seen Generals Stringfellow and 
Atchison personified by an individual of blackened face 



3G8 HISTORY OF KANSAS TERRITORY. 

and tangled hair, with a long tin sword, a lofty three-cor- 
nered hat and slonched military clothes, mounted upon a 
horse, as though leading a gang of ragamuffins into Kansas 
to vote. I well recollect the impression such scenes liud 
upon my boyish mind. I then had no idea that those two 
gentlemen laid any claims to respectability. 

To increase the popular flame, those individuals, driven 
from the Territory at the peril of their lives, attended many 
of the conventions and told the story of their wrongs, and 
of the atrocities they had witnessed. Emigrants robbed 
and driven back, returned to verify the statements of op- 
pression and desperation on the Border. The Congress- 
ional Committee had hung up before the nation the gloomy 
and doleful picture of Kansas outrages. 

On the other hand, sinular proceedings were carried on 
throughout the South. Military companies armed and 
equipped, as Vv'e have seen, entered Kansas early in the spring, 
with no other object than to tight and to vote. Large 
sums of money were raised in the South for the support 
and pay of tliese men, by property- tax, and voluntary con- 
tributions. Speakers from the Border visited the Southern 
cities, made speeches and collected money. The South 
liberally granted her funds towards the cause, with her 
characteristic want of system, keeping no account or record 
of what was done, or the manner of doing it. A long ad- 
dress represented as emanating from the " law and order '" 
party in Kansas Territory, and signed by Atchison, String- 
fellow, Buford and others, on the 21st of June, was sent to 
the South. It set forth that their party composed the ma- 
jority of the settlers in the Territory, that they had beat 
the opposite faction fairly at the ballot-box, and now they 
had been called upon to enforce the laws against the rebel- 
lious and traitorous party ; tliat the abolitionists were daily 
murdering and robbing pro-slavery men, and were receiv- 
ing large reinforcements and assistance) from abroad ; that 
they were increasing in numbers so fast that the law and or- 



1856.] RELIEF FOR KANSAS. 369 

(ler party must be replenished or they would be over- 
tlirowu ; that Missouri had been heavily taxed to attend to 
lier interests in the Territory for the past two years, and 
now they stand in special need of help. They earnestl}' 
implored aid in money and men. Companies and parties 
kept coming from the South all summer. 

As the time neared for the reassembling of the Legisla- 
ture, the subject attracted the attention of both parties. As 
the Missourians had threatened to assail and break up tli(.' 
Legislature, should it convene,*the active and influential free 
state men thought proper to assemble as large a body of citi- 
zens at Topeka as possible on that occasion, in order to furnisli 
protection to the Legislature. Accordingly a mass conven- 
tion was announced to be held at Topeka, on the 3d of July, 
for the purpose of taking into consideration the condition 
of the Territory. It was the design by this movement to 
have had assembled, at the above mentioned time and place, 
at least two thousand men under arms. These could have 
continued in military parade on the 4th, as is customary in 
our country, so that they wouki have been in readiness and 
at hand to liave furnished protection to tlie Legislature in 
case of an assault or violence, though in no way connected 
with the legislative body themselves. 

But there were various obstacles to prevent a large con- 
course of settlers at Topeka, at that time. The principal 
free state presses having been destroyed, the chief source of 
communicating with the people at large, on short notice, 
was cut off. Guerrilla bands infested the roads and prairies, 
ready to rob or kill the traveler, or defenseless families, so 
that it was dangerous both for themselves and families to 
venture abroad. Besides these causes many free state men 
who thought it impolitic for the Legislature to meet, used 
their influence against the measure. 

Despite the active exertions of a few citizens, there was 
not collected attlie convention, besides the Lee:islature, more 



370 HISTOKY OF KANSAS TEERITORY. 

than eight hundred persons ; and about one-half of these 
came unarmed. On the 2d of July the members of the 
popular convention began to assemble. Those who had 
been regarded as leaders of the free state men were not , 
there ; some were in prison, others were driven from the 
Territory. " Under these unfavorable circumstances a meet- 
ing was held by a few of the most influential men, and, as 
the difficulties vv^ere great, and the prospect threatening," 
the acting Governor of the State of Kansas, John Curtis, 
took the responsibility to issue a proclamation, calling 
both branches of the Legislature to convene on the third 
day of July, at 8 o'clock A. M., in extra session. 

Governor Shannon, who started for St. Louis on the 23d 
of June, had left orders with Colonel Sumner if " this pre- 
tended legislative body should meet as proposed, you will 
disperse them, peacably if you can, iorcibly if necessary. 
Should they reassemble at some other place, or at the same 
place, you will take care that they be again dispersed. The 
civil authorities will be instructed to co-operate with you if 
it is found necessary, in order to break this illegal body, and 
to institute proceedings against the several members under 
the above statute." The statute to which reference is here 
made, is the Territorial law. 

The Missourians, therefore, understanding that the ad- 
ministration at Washington had determined to break up 
the free state movement by the United States troops, con- 
sidered it useless for them to interfere. 

Accordingly, before the day arrived for the meeting of 
the Legislature, Colonel Sumner, with several companies of 
dragoons encamped on the south side of Topeka, and four 
companies of dragoons from Fort Riley encamped on the 
north side in the Kaw bottom. 

Secretary Woodson, then acting Governor, as Shannon 
was absent, received word, June 30, that Lane, with a large 
body of armed men, was marching from the north to in- 
vest Topeka and defend the Legislature. It was this rumor 



1856.] RELIEF FOR KANSAS. 371 

that created the above display of force. No doubt the act- 
ing Governor rejoiced in the prospect of a collision between 
the free state men and United States forces. 

In accordance with the acting Governor's proclamation, 
the Legislature assembled, for special session, on the 3d of 
July, the adjournment having been to the 4th. The chief 
question which engaged their attention, and that of the 
convention which had also assembled, was what course 
would be the best to pursue in view of the circumstances 
surrounding them ? Upon this subject there was a difier- 
ence of opinion, and the discussion was animated and ex- 
cited. Some did not wish the Legislature to meet at all, 
or if it met to adjourn immediately ; the majority favored 
the assembling of the Legislature, pursuant to adjournment, 
and proceeding with its business until dispersed by the 
troops of the United States. A few enthusiastic ones 
favored putting the town in an attitude of defense, and re- 
sisting any attempts of the United States forces to interfere 
with their deliberations. The special session adjourned in 
the evening, without adopting any policy, except that of 
agreeing to reassemble at the time appointed for the open- 
ing of the regular session. 

Meantime a committee of free state men had waited on 
Colonel Sumner, on the evening of the 2d, relative to the 
meaning of his war-like demonstrations. They received 
the following letter from him the next day : 

" Headquarters 1st Cavalry, 1 
" Camp at Topeka, K. T., July 3, 1856. j 

'' Gentlemen : In relation to the assembling of the To- 
peka Legislature, (the subject of our conversation last 
night) the more I reliect on it the more I am convinced that 
the peace of the country will be greatly endangered by 
your persistence in this measure. Under these circum- 
stances I would ask you and your friends to take the mat- 
ter into good consideration. It will certainly be much bet- 
ter that you should act voluntarily in this matter, from a 



872 HISTORY OF KANSAS TERRITORY. 

sense of jtnuleuce uiui ])iitriotis]n, ut tliis iiionient of bigli 
excitement tlironcfhout the country, than tliat the autbority 
of the General Government should be compelled to use co- 
ercive measures to prevent the assemblage of that Legis- 
lature. 

" I am, gentlemen, very respectfully, your obedient ser- 
vant, E. Y. Sumner, 

" Colonel 1st Cavalry Commanding." 

Secretary Woodson, who was now acting Governor, with 
several other pro-slavery officials, had arrived at the cam}> 
of Colonel Sunmer. lu accordance with the programme, 
which they had arranged, United States Marshal Donald- 
sou, with Judge Elmore, entered Topeka about 10 o'clock 
on the 4th. They went to tlie place where the jtopular 
convention was in session, and intimated to a few persons 
that they had something to communicate to that body. 
Having taken their places upon the platform at the invita- 
tion of some of the officers, the Marshal announced that he 
had several proclamations to read to tlieni, but as he was no 
speaker. Judge Elmore would attend to it. The Judge 
then proceeded to read the President's proclamation of 
February, and several of Governor Shannon's, and linally 
the following one from Secretary Woodson : 

" PROCLAMATION BY THE ACTING GOVERNOR OF KANSAS. 

" Whereas, We have been reliably informed that a num- 
ber of persons, claiming legislative power, are about to as- 
semble in the town of Topeka, for the purpose of adopting 
a code of laws, or of executing other legislative functions, 
in violation of the act of Congress, organizing the Terri- 
tory, and of the law^s adopted in puFSuance thereof; and it 
appears that a military organization exists in this Territory 
for the purpose of sustaining this unlawful legislative move- 
ment, and thus, in effect, to subvert by violence all present 
(constitutional and legal authority ; and, 

" Whereas, The l*resident of the United States, has, by 
})roclamation bearing date, 11th of February, 185G, de- 
clared that any such plans for the determination of the 



186fi.] RELIEF FOK KANSAS. 373 

future iuHtitutions ot" the Territory, if carried into action, 
will constitute insurrection and therein command all per- 
sons engap:ed in such unlawful comhinations against the 
constituted authorities of the Territory of Kansas, or the 
United States, to disperse and retire to their respective 
])laces of abode ; and, 

" AV^HEREAS, Satisfactory evidenct^ that said proclamation 
lias been, and is about to be, disregarded, now, therefore, 

"I, Daniel Woodson, acting Governor of the Territory of 
Kansas, l)y virtue of the authority vested in me by law, and 
in pursuance of the aforesaid proclamation of the President, 
of the United States, and to the end of upholding the legal 
and constituted authorities of the Territory, and of pre- 
serving the peace and public tranquillit}', do issue this, my 
proclamation forbidding all persons claiming legislative 
[)Ower and authority, as aforesaid, from assembling, organ- 
izing, or attempting to organize, or acting in any legisla- 
tive ca])acity whatever, under the penalties attached to all 
unlawful violation of the law of the land, and the dis- 
turbers of the peace and traiiquilllity of the country. 

" In testimony whereof, I have hereunto subscribe<l my 
hand, and caused to be afKxed the seal of the Territory, this 
4th day of July, 1856, and of the independence of the 
CTnited States, the eightieth. 

[seal] " Daniel Woodson, 

" Acting Govenior of Kansas Territory.'" 

"Proclamation of the J 'resident and the orders under it 
require me to sustain the Executive of the Territory in ex- 
ecuting the laws and preserving the peace. I, therefore, 
hereby announce that I shall maintain the ])roclamation at 
all hazards. E. Y. Sumnek, 

"Colonel 1st Cavaliy Commanding."' 

The convention quietly and respectfully listened to the 
reading of these various documents. When they were 
finished, the two Territorial officials, descended the platform 
and retired through the crowd. As they did so Marshal 
Donaldson halted, and asked if they had any communica- 
tion to send to Colonel Sumner. He was then informed of 
45 



374 HISTORY OF KANSAS TERRITORY. 

his mistake — that this convention was not the Legislature 
to whicli the proclamation referred and hence could make 
no reply. 

About noon Colonel Sumner, who seems to have been 
aware of the time the Legislature was to convene, ap- 
proached the town with his companies of dragoons in battle 
arra}^ At the centre of their front, the American Flag 
floated to the breeze, and a band was playing " Hail Colum- 
bia, Happy Land." They moved rapidly and impressively 
down Kansas Avenue and wheeled into line, facing Legisla- 
tive Hall. It being the 4th of July, two companies of To- 
peka volunteers were drawn up near where the troops 
halted to receive a banner from the ladies, and the street 
was filled with men, Vv'omen and children. Two cannon 
were also planted up the street a few hundred yards, loaded, 
the fuses smoking, and the cannoneers ready for the word 
" fire." The dragoons from the bottom approached the 
edge of town, on the north, and stood in readiness for a 
charge. Thus was the entrance, as though they expected 
armed resistance. 

Colonel Sumner, having got his troops posted to suit him, 
dismounted and entered the Hall of the Legislature. The 
House was not yet called to order and the Speaker was 
absent. Colonel Sumner walked forward to the platform 
and was given a seat. The hour having arrived for calling 
the House to order, the First Clerk struck the gavel several 
times on the desk, and began calling the roll. I^To quorum 
answering to their names, the Sergeant-at-arms was re- 
quested to bring in absentees. The roll was called again 
and only seventeen responded, although twice that number 
of members were present. There evidently was a fear on 
the part of many, that thus answering to their names would 
subject them to arrest. 

"When the Clerk had finished calling the roll the second 
time Colonel Sumner arose and said : 



1856.] RELIEF FOR KANSAS. 375 

"Gentlemen: I am called upon this day to perform the 
most painful duty of my whole life. Under authority of 
the President's proclamation, I am here to disperse this 
Legislature, and therefore inform you that you can not 
meet. I, therefore, order 3'ou to disperse. God knows that 
I have no party feeling in this matter, and will hold none 
so long as I occupy my present position in Kansas. I have 
just returned from the Borders, where I have been sending 
home companies of Missourians, and now I am ordered 
here to disperse you. Such are my orders, and you -must 
disperse. I now command you to disperse. I repeat that 
this is the most painful duty of my whole life.'' 

Judge Schuyler asked, " Colonel Sumner, are we to un- 
derstand that the Legislature will l)e driven out at the point 
of the bayonet ?" 

Colonel Sumner — "I shall use all the forces at my com- 
mand to carry out my orders." 

The House dispersed according to orders, and Colonel 
Sumner repaired to the Senate. It was not yet called to 
order when he entered. He immediately proceeded to in- 
form them of his orders, and that they must disperse. Xo 
one making any response, he asked : 

'- Well, gentlemen, do you consider yourselves dispersed?"' 

Mr. Thornton, President of the Senate, replied: "Colo- 
nel Sumner, the Senate is not in session, and can not make 
any reply to you ; neither can any member of it." 

On being asked if they might be permitted to convene 
so as to receive communications as a body, the Colonel re- 
plied: "Xo ; my orders are that you must not be permitted 
to meet, and I can not allow you to do any business." 
After a threat of arrest by the Marshal, which was received 
with scorn, and a few more remarks by different individuals, 
Mr. Pillsbury said : " Colonel Sumner, we are in no condi- 
tion to resist the United States troops ; and if you order us 
to disperse, of course we must disperse." At the sugges- 



.S70 iUSTOKY OV KANSAS TERRITORY. 

lion of Colonel Allen, this expression Avas assented to as 
tlie sentiment of all. Colonel Sumner then left the Hall 
and retired with his force to camp in disgust. He was mad 
when ordered to disperse the Legislature, and hurried 
through it as a dirty piece of business. 



185G.] HOLD STROKES AND EXTERMINATION. 377 



CHAPTER XXXV. 

BOLD STROKES AND EXTERMINATION. 

It would seem, indeed, that' C'oloiiel Sumner was harsh 
and severe in executing his orders against the free state 
men. But such was not the case; he executed tliem as 
mildly as the harsh and severe orders would permit. His 
s^'mpathies were with the free state men ; but he never ex- 
pressed himself publicly, and most carefully concealed liis 
feelings as a man ; took no part whatever in politics, and 
only sought to do his duty as a military officer. He was, 
therefore, some times censured by one party and then l)y 
the other ; but generally enjoyed the confidence and re- 
spect of free state men. The latter part of July this faith- 
ful officer was superseded in liis command at Fort Leaven- 
worth for no other reason, it was supposed, than the impar- 
tial discharge of his duty. He treated both parties alike, 
and on that account the President sent an officer to out- 
rank him. He was a strict disciplinarian, respected by his 
soldiers, by whom he was termed " Old Bull of the Woods," 
on account of his gruffness. He remained at Fort Leaven- 
worth for sometime afterwards. He fought bravely iu the 
late war for the Union, through several im}tortaiit l)attli's 
ill which he was known as Major-General Kdwin V. Sum- 
ner, and finally died early in 1868, at S\-racuse, Xew York, 

(jreneral Percifer F. Smith supercjeded (Jolonel Sumner in 
command at Fort Leavenwoi'th. He was born in Pennsyl- 
vaiiiu, l)ut luid spent much of his life in jjouisiaua, and was 
intensely pro-slavery in feeling and sentiment. His health 



378 HISTORY OF KANSAS TERRITORY. 

bad been failing for a long wbile, and be was confined to 
bis room pretty mucb all tbe time be remained in Kansas, 
wbicb was only until February, 1867. He bad distin- 
guisbed himself at tbe storming of Monterey. 

About tbe 1st of August a road was opened tbrougb 
Iowa and i^ebraska to Kansas, and emigration began to 
flow over it. This was tbe "advent ot Lane's ITortbern 
army," of wbicb a full account will hereafter be given. 
Tbe first that came tbrougb was General J. H. Lane, who 
immediately became a terror to pro-slavery men. Tbe mere 
mention of bis name would cause them to quake, and news 
of his approach would create a stampede of the citizens in 
every pro-slavery town. 

Tbe free state guerrillas bad in most instances retired 
from tbe field about tbe 1st of July, upon the assurances 
from Colonel Sumner that the Border Kuffians woukl be 
driven from tbe Territory. Although this officer had ex- 
erted himself in performing his duty, still the Euffians 
would assemble in Indian reserves, and unfrequented places, 
and continue their depredations upon the surrounding coun- 
try and passing travelers. 

By the first of August the Ruffians had fortified them- 
selves in various places, from which " strongholds they 
would sally forth, 'press' horses and cattle, intercept the 
mails, rob stores and dwellings, plunder travelers, burn 
bouses and destroy crops.'^ At the solicitation of the neigh- 
bors, on account of the outrages committed by this band, 
the fort near Osawattomie was attacked on the 5th of Au- 
gust by a company of free state men. The Georgians, who 
were in command of it, on learning that the free state men 
were approaching, abandoned the post and fled, leaving a 
large quantity of plunder. The Fort was taken and de- 
molished. 

Tbe Georgians retreated to another Fort on Washington 
Creek, about twelve miles from Lawrence, where they re- 
newed their plundering upon tbe settlers. The officers of 



1856.] BOLD STROKES AND EXTERMINATION. 379 

the United States troops were earnestly importuned to dis- 
perse and drive them from the neighborhood ; but they re- 
plied that they could not move without orders. On the 
11th of August Major D. S. Hoyt, a peaceable and re- 
spected citizen, was sent by the people of Lawrence to the 
camp on Washington Creek, called Fort Saunders, to try 
and make some arrangements with Colonel Treadwell, the 
commander, for the suppression of these disturbances. On 
his return home he was brutally murdered, his body being 
riddled with bullets. 

This occurrence so exasperated the free state men that 
they immediately attacked the pro-slavery headquarters at 
Franklin. The Ruffians were fortified in the same block 
house as on a former occasion, but it had been considera- 
bly strengthened since. They were asked to surrender be- 
fore being fired upou. On their refusal the fight began and 
lasted about three hours. One man was killed and six 
wounded on the free state side ; on the other side three were 
severely and one mortally wounded. The free state men 
at length pushed a wagon load of burning hay up to the 
building. Soon the cry for quarters was heard from within 
and the wagon was removed. The inmates then threw 
down their arms and fled. A vast amount of plunder, com- 
posed of provisions, guns, ammunition and a six pounder 
brass piece was secured by the victors. 

The free state forces continued their assaults. On the 
15th, Fort Saunders, on Washington Creek, at which the 
Ruffians from Franklin had congregated, was attacked and 
destroyed by a company under the leadership of Lane and 
Grover. The Georgians again fled at the approach of their 
opponents, leaving their plunder behind. Both here and 
at Franklin many articles were found which had been taken 
from Lawrence at the time it was sacked. 

The next day's work demolished the last stronghold of 
pro-slavery men south of the Kaw. Colonel Titus had a 
fortified house near Lecompton, and constantly harbored 



380 HISTORY OF KANSAS TERRITORY. 

guerrilla bands of pro-slavery men. ]jec()ni[)ton was the 
capital, and had been in constant fear of an attack for some 
time, The free state prisoners were held about two miles 
from the place in camp, and guarded by the Ihiited States 
troops. On tlie morning of tlie 16th, about four hundred 
free state men, composed of the Lawrence boys, Harvey's 
Chicago company, Dr. Cutter's* party, and others, marched 
up the California Road, and halted a little beyond Titus' 
liouse, which was north of tlie road a.bout one mile and a 
half. Here they divided, one-half going to the left of the 
ridge, under command of Joel Grover, the other to the 
right, under the command of Captain Walker — both brave 
and determined men. About sunrise the}" made a simulta- 
neous attack upon the house, sheltered by the ridge 
upon which, in front of the house, a cannon was ])Osted, 
and opened a fearful fire. The gun was loaded with lead 
slugs, manufactured from the type of the "Herald of Free- 
dom," which had been picked up from the streets and fished 
out of the river. As the gun first went off the engineer ex- 
claimed : " This is the second edition of the ' Herald of 
Freedom.' " The fight lasted about a half an hour, and 
resulted in the capture of Colonel Titus and Captain Wil- 
liam Donaldson, who had rendered themselves notorious at 
the sacking of Lawrence — and eighteen others. Five pris- 
oners held by " these law and order men " w^ere released, 
one of whom had been sentenced to be shot that same 
morning. Titus was found hid in the loft of the house, 
wounded in the shoulder and hand. When called out from 
his hiding place, he begged most piteously for his life. One 
of his party was killed and several hurt. Captain tShom- 
bre, of the free state men, a brave and highly esteemed 
gentleman from Indiana, was mortally wounded and died 
the next day. Walker and Grover, with their men and 
prisoners, hurried back to Lawrence. 

'■'Author of Cutter's Physiology. 



1856.] BOLD STROKES AND EXTERMINATION. 381 

The people of Lecompton, filled with consternation at 
the firing of the first gun, made a general stampede. Many 
rushed to the river and sought to cross ; others fied to the 
woods or camp of United States troops for safety. 

When the firing first began Major Sedgewick* in com- 
mand of the Government forces two miles from Lecomp- 
ton, sent a company of dragoons to the town to ascertain 
the cause of this w^arlike demonstration. When the troops 
arrived there the Territorial ofllcials could not be found. 
At length they were directed to the river, where they found 
the Governor on the eve of stepping into a scow to cross 
over. To the inquiry of the troops " what were his orders" 
he replied, "I don't think I v/ill have any thing done with 
them, but we wnll go and see if they have disturbed Major 
Clark." On going to this gentleman's residence, they 
found it deserted, with many evidences that the inmates left 
in great haste. Clark, w^ho, it wall be remembered, w^as the 
accredited murderer of Barber, had ever since suffered fear- 
ful apprehensions for his own safety. At one time he had 
fired upon and ^vounded his friend, having mistaken him 
for a foe. 

On the iollowing day. Governor Shannon, in company 
with Major Sedgewick and others, visited Lawrence. Here 
he made his second treaty with the people of this city, the 
stipulations of wdiicli were that he should set at liberty the 
five free state men arrested since the attack upon Franklin ; 
that no more arrests should be made under the Territorial 
laws ; that the howitzer taken by Jones from Lawrence 
should be surrendered up ; that Titus and his band should 
be set at liberty. Such was the" treaty, more humiliating 
than the first. The Governor solemnized this treaty by a 
speech to the citizens, saying, " and the few days I remain 
in ofiice shall be devoted, so help me Heaven, in carrying 

*This officer was open and communicative to the free state men, and was their stead- 
fast friend. He rose to distinction in the late war, and fell in an important engage- 
ment- 

46 



382 HISTORY OF KANSAS TERRITORY. 

out faithfully my part of the agreement, and in preserving 
order." 

On the 19th of August, a ruffian at Leavenworth made 
a bet of six dollars against a pair of boots that in less 
than two hours he would have an abohtionist's scalp. He 
accordingly sallied out as upon a gaming frolic, shot a young 
man by the name of Hops, returned with the scalp and 
claimed the stakes. A German expressing his abhorrence 
of the deed, was shot on the spot. A few days afterwards, 
a young lady of Bloomington was taken from her home one 
mile and a half by four ruffiians ; with her tongue drawn 
out and tied with a cord, her arms pinioned behind her, 
her person was violated. 

Governor Shannon, after repeated solicitations, and hav- 
ing, it was thought, for some time contemplated it, at length 
resigned. On the same day of his resignation, the 21st of 
August, the papers containing his removal were received. 
Thus ended Mr. Shannon's career as Governor of Kansas. 
He had, in most instances, faithfully served the party which 
appointed him, and had generally enjoyed their confidence 
and praise. He allowed himself to be used as a pliant tool 
by the Border chiefs ; he would heedlessly permit all the ele- 
ments of war to gather, and only awake from his letharg}^ 
when they were about to break upon each other in bloody 
violence. He should be censured more for what he permit- 
ted and omitted than for what he committed. His fault lay 
not in the wickedness of his heart, but in the inactivity and 
pliability of his character. He was finally rejected by his 
friends, and left without protection from the robbers and 
assassins who had been his counsellors, and finally escaped 
from them out of the Territory at the hazard of his life. 

Secretary Woodson exercised the functions of Executive 
until the arrival of the new Governor. The reason for 
urging Mr. Shannon to resign, was to get Woodson in as 
acting Governor, with the view of calling out the militia to 
begin their old work of extermination. As Mr. Shannon 



1856] BOLD STROKES AND EXTERMINATION. 383 

refused to make this call, the}' soug-ht to prevail upon him 
to resign, that they might ettect their object through Mr. 
AVoodson. 

Many of the pro-slaver}- men, terrified by a guilty con- 
science, and fear of retribution, left the Territory with their 
families, while others asked the protection of United States 
troops. A most pitiful and importunate appeal went 
up from the overthrown strongholds of pro-slavery men 
south of the Kaw. '^ Franklin is taken by the abolition- 
ists AND BURNT TO THE GROUND ? LeCOMPTON IS SURROUNDED 
BY EIGHT HUNDRED MEN ! CoL. TiTUS KILLED ! LaAV AND 
ORDER PARTY BEING MURDERED BY THE NORTHERN ARMY." 

"Families are fleeing prom burning homes."' So ran the 
bulletin of the border. The old cry of " To arms ! to arms !" 
with the usual threats and denunciations, was made. 

The following are the closing lines of a circular issued on 
the 16th of August, by the chieftains of the Border to the 
ruffians . 

"We give you no more rumors, but simple statements of 
undoubted facts. We say to you that war, organized and 
matured, is now being waged by the abolitionists, and we 
call on all who are not prepared to see their friends butch- 
ered, to be themselves driven from their homes, to rally in- 
stantly to the rescue ! 

" The abolitionists proclaim that ' no cpiarter will be 
given.' ' Eveiy pro-slavery man must Ije exterminated.' 
What will l^e your reply ? 

" D. R. Atchison, 
" W. H. Eussel, 
"A. G. Boone, 
" B. F. Stringfellow." 

The following are extracts from the appeal of the law 
and order party at Lecompton : 

" To all true pro-slavery men in 'Missouri. — We call upon 
our friends in Missouri, in the name of humanity, to come 
to the rescue, with men and provisions to support them. 
We have determined to clean the territory or fall in the at- 
tempt. We send expresses to-night to St. Joseph, Liberty, 
riatte City and to Westport. To arms, at once, and come 



384 HISTORY OF KANSAS TERRITORY. 

to the rescue. We are all under arms here to-niglit, and wil 
be ready to-morrow. " E. C. McCarty, 

" Pres. Law and Order Party." 

On the 25th, Secretary Woodson, who had come into 
power, issued his proclamation declaring the territory in a 
state of insurrection, and calling out the militia. This was 
just what the border men desired. It rendered the Secre- 
tary's popularity still greater. The pro-slavery press re- 
sounded his praise, as it promulgated his call. Men were 
exhorted, in the spirit of desperation, to rush into a savage 
warfare of extermination. 

General Richardson wrote to the Governor on the 20th, 
that having received information of Lane's coming into the 
Territory with his " northern army," he had called out the 
militia of his division to intercept him. The Secretary re- 
plied, approving the measure, and at the same time wrote 
to General Coftey, of Southern District of Kansas militia, 
to take the field with his command. 

Under an article headed '' Third and Last Time," the 
" Squatter Sovereign " says : 

" Our friends have been collecting on the Border during 
the past week, and in a few days will have a well organized 
force in the field, equal to any emergency. We again re- 
iterate, a crisis has arrived in the affairs of Kansas, and an- 
other week will tell a tale that will have an important 
bearing on the future fate of Kansas. It behooves every 
citizen to shoulder arms without any further delay. We 
have been slow to believe that any thing like serious fight- 
ing would occur; but we are now fully convinced that a 
deadly struggle must ensue, and one or more hard battles 
transpire, before the abolitionists can be subdued. ^= =^ * 
* * * Already the smouldering ruins of numerous dwel- 
lings, and the reeking blood of many a victim, cries aloud 
for vengeance. The cry is heard and will be answered with 
tenfold retaliation. If there is one breast still unpeuetrated 
by this call, we urge that it instantly become alive to the 
importance of the emergency. The want of a few men 
may turn the fortunes of war against us. Then let every 



1856.] BOLD STROKES AND EXTERMINATION. 385 

man who can bear arms ' be off to the wars again.' Let it 
be the ' third and last time.' Let the watchword be ' ex- 
termination, total and complete.' " 

Atchison's forces assembled at Little' Santa Fe to the 
number of four hundred and fifty. A party ot them first 
made a descent upon the Quaker Mission on the Shawnee 
Reserve. They robbed it of horses and valuables, and 
treated the occupants with cruelty. On the 25th a com- 
pany of Missourians, one hundred and fifty in number, 
under the command of Captain John E. Brown, encamped 
on Mound or Middle Creek, about nine miles south-west of 
Osawattomie. Companies of eighteen, forty and sixty men, 
under Captains Cline, Anderson and Shore, encamped the 
same evening in that neighborhood. On the following day 
the free state men marched within one mile of the enemy's 
camp, which they reached by 8 o'clock, and sent out scouts 
who brought in four prisoners. From these they learned 
that fifty of Brown's men were absent from camp, where- 
upon they determined to make an attack. About noon 
Captain Anderson passed around so as to come up below 
the enemy and eut off his retreat, while the other two com- 
panies advanced upon him from another direction. The 
latter first came upon eight of the Missourians, five of whom 
they captured. They had with them a free state man whom 
they declared " they would hang." He made his escape. 
As soon as Cline's men, who were in advance, came in sight 
of the camp of the Missourians, they opened fire upon 
them, which was promptly returned. The firing lasted 
about ten minutes. When Captain Shore's company arr 
rivcci the Missourians fled, leaving their camp baggage, 
most of their horses, wagons, guns, boots, coats, vests, hats, 
&c., &c., and the best of all a good dinner prepared, which 
the free state men fell upon with devouring appetites. 
Lieutenant Cline, of Fort Scott, was badly wounded, and 
afterwards died. This was the only injury that happened 



386 ' HISTORY OF KANSAS TERRITORY. 

to any person. Eleven prisoners were taken by the free 
state men, all of whom were liberated on the following day, 
upon their promise never to take up arms against the rights 
of the settlers. These free state forces were a portion of 
John Brown's corhmand. 

On the 29th of August four hundred Missourians, under 
Captain John W. Reed, aided by Rev. Martin White, left 
the head waters of Bull Creek for Osawattomie. It was 
their design to reach the latter place about midnight ; but 
they were compelled to make a circuitous route to avoid a 
guarded ford, on which account they did not get there until 
about sunrise. As they approached they killed Frederick 
Brown, son of John Brown, senior, and "William Garrison, 
who had offered no resistance^ but whom they found peacea- 
bly engaged at work. They entered the town from the 
north-west. 

The people of Osawatomie had been expecting an attack 
for some time. But still no particular arrangements were 
made for its defense. On the night previous no unusual 
watch AA^askept up, only the customary patrols having been 
sent out. Captain Brown commanded the free state forces; 
besides his own company, numbering seventeen liieu, there 
were Captain ITpdegrafl' with ten, and Captain Cline with 
fourteen men. When it was known that the enemy was 
approaching, these men sallied out and took position in the 
woods about a half mile from town. Captain Brown occu- 
pied the left, Captain Cline the right and Captain Upde- 
gratf the center. As the Border Ruffians approached they 
fired three guns, signalling for the free state men to surren- 
.der. Thereupon the latter, who had been commanded not 
to fire until orders had been given, impatient, returned the 
fire without orders. The enemy were then a]->out six hun- 
dred yards distant. After firing a few rounds on both sides, 
the Missourians, who became somewhat confused by the 
murderous fire trom the timber, wheeled the cannon into 
position upon the right of the free state men, at a distance 



1856.] BOLD STROKES AND EXTERMINATION. 387 

of about four liundred yards, and opened fire. At each 
successive discharge they moved tlie gun about six rods to 
the east so as to scour the timber. They fired six shots 
without eti'ect. All the time the free state men were pour- 
ing into the enemy a murderous fire, and moving to the east 
likewise, thus escaping the vollies from the artillery. The 
Missouriaus then dismounted and made an infantry charge 
upon the front and right wing of Brown's party. The 
latter, overpowered and without orders, retreated in confu- 
sion across the river, some swimming it, others passing over 
in a skiff. Two were killed while attempting to cross on 
horseback. After taking five prisoners the Missourians 
proceeded to demolish the town. 

Osawatomie was a village of about two hundred inhabi- 
tants, owned principally by O. C. Brown, who was its foun- 
der. It was laid out in the spring of 1855, assisted by the 
'Hew England Emigrant Aid Society, which located a mill 
there. It derives its name from the union of the two words 
Osage and Pottowatomie. Brown was a pro-slavery man, 
but lost his property when the town was destroyed. The 
women had generally left the village a tew days previous 
to the attack. The Missourians first plundered the dwelling 
houses and stores. They filled the wagons which they had 
with them, and others which they procured in the town, 
with goods and other valuables. When they had thus se- 
cured their booty, they set fire to the dwellings and stores, 
and in a short time only four houses were standing on the 
town site. 

With their loaded wagons, prisoners, a vast number of 
horses and cattle which they had collected from the town 
and surrounding country, they left for Westport. They 
had five wagons, which they kept a little distant from the 
others, and would not permit the prisoners to approach, but 
guarded them constantly. On this account they were sup- 
posed to contain the bodies of the dead. Of the prisoners 
they captured, Mr. W. Williams, a Missourian, was led to 



388 HISTOEY OF KANSAS TERRITORY. 

the edge of the town and shot. On Septejiiber 1st, Charley 
Keiser, who had been kindly assisting them in driving cat- 
tle, in order to preserve their good will, was taken out a 
short distance from the camp on Cedar Creek, and shot by 
, II guard of Kickapoo Rangers. He had been concerned in 
the battle of Black J ack — an unpardonable offence, and the 
same for which Cantral died. ^lessrs. K. Reynolds and II. 
K. Thomas were taken on to Kansas City, put aboard a 
boat, and sent down the river, with the Avarniug that if 
caught again in the territory during the troubles, the pen- 
alty would be hanging. Beyond what has been mentioned 
above, the free state men suffered no loss, either in killed or 
wounded. 

Captain Brown was last seen after the battle, slowly as- 
cending the north bank of the Maries des Cygnes, with his 
sword thrown over his shoulder and a revolver in the other 
hand. All supposed that he was killed, until about a week 
afterwards, when Lawrence was in danger, he came riding 
into that town, to the astonishment of the people. He ap- 
peared like an appointed deliverer, and joy lit up the coun- 
tenances of the inhabitants, as they gazed upon the hero of 
the Maries des Cygnes. He immediatety took command. 

Rev. Martin White, for the service of killing Frederick 
Brown, was elected a member of the Lecompton Legisla- 
ture. At its session, in a speech, he gave a glowing descrip- 
tion of this wonderful and praiseworthy feat. When the 
assembly adjourned, he started home, but never reached it. 
His body was afterwards found upon the prairies, with a 
ball through his heart. 

Word having reached Lawrence and Topeka concerning 
the demonstrations of Reed, General Lane, with about three 
hundred men, set out to intercept his retreat back to Mis- 
souri. Arriving in the neighborhood of Prairie City, he 
learned that the invaders had encamped on the head waters 
of Bull Creek. He marched his men on double quick, every 
one in high expectation of a tight. The cavalry, about 



1856.] BOLD STROKES AND EXTERMINATION. S89 

thirty in number, approached the enemy lirst, and liultcd 
for tlic infantry to come up. The Missourians liad formed 
in line of battle, in front of their camp, v/ith four pieces of 
artillery planted and loaded. 

As soon as the infantry arrived, General Lane ordered 
the whole command to fall back eight miles and encami»; 
the reason for which, as he afterwards explained, was, that 
it was too near dark to begin a battle. The men disap- 
pointed, dejected, in many instances, on the retreat, sank 
exhausted on the prairie, and a general murmur was heard 
throughout the lines. They had run over a rough country, 
beneatli a broiling sun, without food, for twenty-five miles, 
in high hopes of a fight, and, at the moment they had an 
opportunity to pounce upon the enemy, were ordered back. 
Early on the following morning, Keed and his command 
decamped, and hurriedly marched for Westport. Lane, 
learning from his scouts that the enemy had left, returned 
with his command to Lawrence. 

Meanwhile the pro-slavery forces at Lecompton were 
committing all manner of outrages, burning houses, taking 
property, seizing deputations that were sent to remonstrate 
against such flagrant conduct, and holding them prisoners. 
The county ofiicials at the head of the United States troops 
were busy making arrests and insulting unprotected fami- 
lies. The Topeka boys, as they returned home, beheld the 
smoking ruins of six dwellings. 

On the 30th of August General Richardson and com- 
mand was ordered between Leavenworth and Lawrence to 
prevent Lane's escape. The following day Secretary Wood- 
son, who did not fancy the idea of the Topeka boys in go - 
ing down to operate against General Whitfield, ordered Col- 
onel Cook, with his command, "to proceed, at the earliest 
moment, to invest the town of Topeka, disarm the insur- 
rectionists, or aggressive invaders against the organized 
Government of the Territory, to be found at or near that 
point, leveling with the ground their breastworks, forts and 
47 



390 HISTORY OF KANSAS TERRITORY. 

fortilicatioiis, keep the head men or leaders in close confine- 
ment, and all persons found in arms against the Govern- 
ment us prisoners, subject to the orders of the Marshal." 
lie wrote, " It is very desirable to intercept the invaders on 
the road known as 'Lane's Trail,' 'leading from Nebraska 
to Topeka.' " With credit to Colonel Cook, we have it to 
record that he refused to obey this order. 

The Topeka boys responded to Colonel Lane's call for 
men, reaching Lawrence the same day they started, in time 
to join his command there in their march to Bull Creek. 
After a severe tramp of fifty miles, under a broiling sun 
and over rough roads, with spirits dejected and disap- 
pointed, they had sunk to rest in the grass upon the prairie. 
ISText morning word reached them that Topeka was menaced 
with destruction, and their homes exposed to the attack of 
an unscrupulous and remorseless foe. This announcement 
shot like electricity from heart to heart, banishing weari- 
ness and dejection, and infusing the strength of a giant in 
every man. Quickly they began their homeward march. 
Unconscious of thirst or heat, with spirits too strong for 
nerves and muscles, they strode over hills and across hol- 
lows. As they passed opposite Lecompton, they witnessed 
the smoking ruins of six free state dwellings, and beheld 
the lonely wife and helpless children grieving by the ashy 
remains. "Wild with rage, and urged on by the most intense 
solicitude, they pressed forward. Arriving at Big Springs, 
they received a dispatch that Topeka was unharmed and no 
enemy near. Assured that their homes were safe, their 
anxiety relieved, many sank exhausted along the roadside. 
But few reached Topeka that night; the others scattered 
from Big Springs to within a mile of their homes, slumbered 
in the grass along the highway, some of whom did not 
reach Topeka for several days. 

On account of the offenses above enumerated it was de- 
termined by the free state men to make a demonstration 
upon Lecompton, and liberate the prisoners held by the 



1856.] BOLD STROKES AND EXTERMINATION. 891 

bogus officials. On tlie evening of the 3d of (September the 
forces left Lawrence in two divisions, one under tlie coni- 
numd of Colonel Harvey to the north of the Kaw, the other 
under Colonel Lane to the south of that river, with the de- 
sign of making a simultaneous attack early the following 
morning. Colonel Harvey proceeded with his men and 
took position immediately north of Lecorapton, so as to 
prevent the escape of fugitives. After waiting all night 
and next day, in a cold rain, and Lane not appearing, he 
presumed that the attack had been abandoned. 

He made an assault in a different quarter. Learning that 
there was a company of Ruffians encamped on Slough Creek, 
about fifteen miles from Lecompton, who had been plun- 
dering and stealing, he resolved to attack them. Before 
the Rufiians w^ere aware of their presence, Harvey's men had 
them surrounded. One of the members of the pro-slavery 
camp discharged, his gun at the free state men, which 
brought upon the Ruffians a fearful volley of rifle balls, 
whereupon the latter immediately surrendered. They wer e 
disarmed, relieved of their plunder, of wdiich they had a 
large quantity, and permitted to go their way. Several of 
them were badly wounded. 

General Lane, who had, from some cause, delayed his 
march, did not reach Lecompton until the afternoon of the 
fourtli. About four o'clock, he suddenly made his appear- 
ance on Capitol Hill, overlooking the village, and planted his 
cannon upon its frowning brow. A deputation was sent 
into town to demand of the commanding officer " the un- 
conditional and immediate surrender of all the free state 
prisoners now in Lecorapton." This deputation, on enter- 
ing town, were informed that the militia were disbanded 
and the prisoners released that morning, and were to be 
escorted to Lawrence next day. Meantime the troops, in 
camp a short distance oft", having received word of the at- 
tack, hurried to the rescue, and reached Lane's forces 
before the return of the embassadors from town. Colonel 



392 HISTORY OF KANSAS TERRITORY. 

Cook, commanding the United States forces, rather chided 
the free state men for their mistake in thus appearing after 
the militia were disbanded and prisoners released. Mr. 
Parrott replied, " Colonel Cook, when we send a man, oi- 
two men, or a dozen men, to speak with the Territorial au- 
thorities, they are arrested and held like felons. How then 
are we to know what is going on in Lecompton ? Why, 
we have come here with an army to find out what is going 
on. IIow else could we know ?" The prisoners were re- 
leased according to promise, but that afternoon was the 
first intimation to any free state man that the militia had 
been disbanded or that the prisoners were to be released. 

While these events were transpiring, horrid scenes were 
being enacted at Leavenworth. Teams sent to that city for 
supplies of provisions and goods were seized, and the drivers 
held "prisoners of war." "The roads," said Governor 
Shannon, " were literally strewn with dead bodies." Thir- 
teen mutilated corpses were found in one place. These 
murderers and desperadoes were Missourians and Southern- 
ers; the former crossed over from Platte county. They 
were under command of Captain Emory, a mail agent, 
called themselves " The Regulators," and declared all free 
state men who did not leave would be killed. 

On the 1st of September an election was held, at which 
Mr. Murphy was elected Mayor. They then proceeded to 
expel every free state man from the town. To this end they 
broke open stores and private houses, and drove the occu- 
pants into the roads, irrespective of age or sex. Under the 
pretext of searching for arms, they forcibly entered the 
house of Wm. Phillips, the same gentleman who had pre- 
viously been tarred and feathered. Presuming that he was 
to be subjected to a similar outrage to that he had suffered 
before, lie determined to defend himself. As they rushed 
upon liiiii, lie fired and killed two of them ; in an instant 
his body was pierced by a dozen bullets, and he fell dead in 
the presence of his wife and another lady. Fifty of the in- 



1856.] BOLD STROKES AND EXTERMINATION. 393 

habitants were that day driven on board the Polar Star, 
the captain of which was ordered not to leave without 
permission. 

On the following day Captain Emory paraded the streets 
with eight hundred armed men. He drove one hundred 
more men, women and children aboard the boat, and with 
an escort started them for St. Louis. Others had tied to the 
woods and the fort to lind protection. The reign of anar- 
chy was complete. The commander of the fort refused 
protection to the refugees, and posted bills requiring them 
to leave the premises. Many of these sufferers, " among 
whom were men of the highest respectability, and women 
and children, were compelled, some of them without money 
or suitable clothing, to take to the prairies, exposed at every 
step to the danger of being murdered by scouting or ma- 
rauding parties, or at the risk of their lives eifect their 
escape upon the downward bound boats. Some of these 
were shot upon the river banks while making the 
attempt, whilst others were seized at Kansas City, and 
other Missouri towns, brought back as prisoners, and dis- 
posed of in such a manner as will only be made known in 
that great day when all human mysteries will be revealed. 
There is many an unhappy wife and mother in the States, 
looking anxiously, and hoping against hope, for the return 
of an adventurous husband or son, whose bones are bleach- 
ing upon the prairies or mouldering beneath their sod." 

Darkness overshadowed the land. Heaven never looked 
down upon a sadder picture of human folly and corruption; 
angels, if they witness earthly scenes, must have wept as 
they gazed upon the innocent victims of rapine and vio- 
lence. O, the depths of human depravity ! The greatest 
enemy of mankind is man. While the men were absent, 
committing injury to their fellow-men, their liomes would 
1)0 visited bymemljers of the opposite faction, their families 
<1 riven out from their burning houses, and frequently, while 
their wives and daughters writhed in the foul embrace of 



394 HISTORY OF KANSAS TERRITORY. 

the destroyer, the air was filled with their wild shrieks aud 
piteous wails. Armed bands from Missouri, or gangs of 
Southerners, were constantly scouring the country, but all 
moving towards and gathering around Lawrence, in re- 
sponse to Secretary Woodson's proclamation, by which they 
legalized their proceedings. On the other hand, free state 
men were not idle. We have noticed the bold strokes and 
determined movements of an outraged and brave people. 
But aside from these, there were instances of pro-slavery 
neighborhoods and families being visited, robbed and other- 
wise abused, sometimes in retaliation for similar oflenses 
received, more frequently by desperate and reckless charac- 
ters, to satisfy their love of plunder and crime. 

At the opening of the fall term of court, the State pris- 
oners at Lecompton reported themselves ready for trial. 
But the Government was not ready, witnesses were not to 
be had, &c., and Judge Lecompte then discharged them 
upon bail for their appearance at the next term of court. 
The bonds ranged from five hundred to five thousand dol- 
lars. On the 10th of September, just four months after 
their arrest, they were set at liberty, and returned to the 
" treasonable city " of Lawrence. 

At the spring term of court the prisoners again appeared 
for trial. The prosecuting attorney entered his nolle 'prose- 
qui in all cases of treason. Governor Robinson was tried 
for usurpation of ofiice, but was acquitted, the testimony 
showing that he was sworn in as Governor of the State of 
Kansas before there was such a State, and there was no 
such an ofiice at that time known to the law. 



1856.] GOVERNOR GEARY. 395 



CHAPTER XXXVI. 

GOVERNOR GEARY. 

Colonel Jolm W. Geary was appointed by President 
Buchanan to supersede Mr. Shannon as Governor of Kan- 
sas. He was born in Westmoreland county, Pennsylvania, 
and was, at the time young men generally receive the most 
help from parents, thrown upon the world with the patri- 
mony of a debt and the support of a widowed mother. He 
soon relieved himself of the former, contributed to the latter 
by teaching, and at the same time devoted himself assiduously 
to study. He graduated at Jefferson College, Pennsylvania, 
and, not liking the vocation of a teacher, first became a sur- 
veyor in Kentucky, and then in several other States. He 
afterwards filled all the ofiices, from clerk to superintendent, 
in the Alleghany Portage Railroad Company. On the 
breaking out of the Mexican war, he volunteered his ser- 
vices as a soldier, was first made Lieutenant Colonel of the 
Second Pennsylvania Regiment, and afterwards, upon the 
death of the Colonel, became his successor. He rendered 
valuable service in the war, for which, on the 22d of Janu- 
ary, 1849, President Polk appointed him to the oflice of 
postmaster at San Francisco. On Mr. Taylor's coming into 
power, he was superseded; but was immediately unani- 
mously elected by the citizens first alcalde of that city. 
The following year, under the first city charter, he was 
chosen mayor. All these various positions he filled with 
ability and general satisfaction to the public. In 1852 he 



396 HISTORY OF KANSAS TERRITORY. 

left the Golden Gate, on a six months leave of absence, to 
visit his family and friends in Pennsylvania. Soon after 
his return home, his wife and several near relatives died, on 
account of which affliction he abandoned the idea of troiiiiir 
back to California. 

He was appointed Governor of Kansas in the latter part 
of July, and immediately prepared to start to the scene of 
his new labors and responsibilities. lie reached Jeflerson 
city on the 5th of September, where he held a conference 
with Governor Price, whom he engaged to remove the ob- 
structions to free state travel on the Missouri. Soon after- 
wards, the navigation of this river was open and free to all 
the citizens of the Union. As the Governor ascended the 
Missouri, he witnessed the wild commotion of the citizens 
along its banks. At Glasgow, Capt. Jackson embarked a 
company of " Kansas Militia," and a cannon, on the same 
boat, and the new Governor had the pleasure of their com- 
pany as far as Kansas City, where he beheld, in wildest con- 
fusion, agenliine display of Border Ruffianism. 

The appointment of Gov. Geary was not at all satisfac- 
tory to the Border chiefs. They knew that he would not 
iavor their nefarious designs, and hence desired a man se- 
lected from their number. The following is a portion of an 
address sent forth to their pro-slavery allies. 

" We have asked the appointment of a successor, who 
was acquainted with our condition ; who, a citizen of the 
Territory, identified with its history, would not be preju- 
diced or misled by falsehoods which have been so system- 
atically fabricated against us ; one who heretofore is a resi- 
dent, as he is a native, of a non-slaveholding State, yet not 
a slaveholder, but has the capacity to appreciate, and the 
boldness and integrity requisite, to discharge his duty, re- 
gardless of the possible effect it might have upon some 
petty politician in a distant State. 

" In his stead we have one appointed who is ignorant of 
our condition, a stranger to our people, who, we have 
cause to fear, will, if no worse, prove no more efficient to 
protect us than his j)redecessors. 



1856.] GOVERNOR GEARY. 397 

" With, then, a Governor which has proved imbecile — 
lias failed to enforce the laws for our protection — with an 
army of laAvless banditti overrunning our countr}- — what 
shall we do? 

" Though we have full confidence in the integrity and 
fidelity of Mr. Woodson, now" acting as Governor, we know 
not at what moment his authority will be superseded. We 
cannot iiwait the occasion of the incoming of our newly 
appointed Governor. We can not hazard a second edition 
of imbecility or corruption. 

" We must act at once efi'ectively. These traitors, robbers 
and assassins must be punished ; must now be taught a les- 
son they will remember. 

" This is no mere local quarrel ; no mere riot ; but it is 
war ; a war waged by an army ; a war professedly for our 
extermination. It is no mere resistance to the laws, no 
siniple rebellion of our citizens, but a war of invasion — the 
army, a foreign army — properlv named the 'Armv of the 
North.' 

" It is not only the right, but the duty of all good citizens 
of Missouri, and every other State, to come to our assistance, 
and enable us to expel these invaders. 

" Mr. Woodson, since the resignation of Governor Shan- 
non, in the absence of Governor Geary, has fearlessly met 
the responsibilities of the trust imposed upon him, has pro- 
claimed the existence of rebellion, and called on the militia 
of the Territory to assemble for its suppression. 

" We call on you to come ! to furnish us assistance in 
men, provisions and munitions, that we may drive out the 
' Army of the North,' who would subvert our government 
and expel us from our homes." 

These extracts wall give an idea of the address thus sent 
forth to the Missourians. We have seen how^ the}' promptly 
responded. But we have also seen, they dearly purchased 
their plundering success. Still they were not satisfied. 
They wished the war to continue. Their strength was daily 
increasing ; the provisions of the people of Lawrence and 
other free state towns w^ere well nigh exhausted, and hence 
they were confident of success. They closely guarded the 
roads to Kansas City and Leavenworth, and seized everv 
48 



398 HISTORY OF KANSAS TERRITORY. 

load of provision designed for the opposite party. When 
protection was asked of Secretary Woodson against these 
robberies, he answered, " submit to the Territorial laws and 
I will protect you." 

In consequence of being cut oft from supplies, and their 
scanty provisions at home being exhausted, free state men 
were frequently led by the first law of nature to make raids 
upon pro-slavery neighborhoods, and gather torage there- 
from. For this purpose the Topeka boys visited the settle- 
ments at Burlington, Osawkee and Tecumseh, and farms 
adjoining their town. There was no other resource to ob- 
tain food for themselves and friends. Other free state men 
and towns were in some instances compelled to do likewise. 

It was the design of the Border chiefs to delay in some 
way the arrival of Governor Geary until they had accom- 
plished their purpose in inflicting summary punishment 
upon the settlers of Kansas. They wished to utterly destroy 
Lawrence and other free state towns, expel Lane and his 
force from the Territory, and intimidate all others. It was 
this scheme which created the commotion along the Mis- 
souri river, the mustering and shipment of troops two hun- 
dred miles from the Border. Governor Geary, on taking 
passage in the boat at Jefierson City, was warned by an 
armed ruffian that if he attempted to interfere with the ar- 
rangements of the pro-slavery party in the Territory, he 
would be assassinated. 

But the Missourians, from some cause, failed to delay 
Governor Geary's approach, and he arrived in the Territory 
just in time to quash their movements. lie reached Fort 
Leavenworth on the 9th of September. He had not been 
there but a few hours before a United States sergeant came 
m with a sad report to General Smith. He had been de- 
tailed as safe-guard to conduct Samuel Sutherland, E. B. 
Whitman and Abraham Wilder from Lawrence to Fort 
Leavenworth. When within a few miles of the latter place, 
Emory and his party seized the three men named, and with 



1856.] GOVERNOR GEARY. 399 

their wagons, horses and property, forcibly conveyed them 
to Leavenworth City. A detachment of United States 
troops was at once sent to the city to arrest the guilty par- 
tics. In a few hours the free state prisoners, Emory and 
his men, were brought in ; after a slight rebuke adminis- 
tered to the insolent offenders they were set at liberty. 

The following day Governor Geary addressed a note to 
Colonel Clarkson, who had command of the Territorial 
militia, stationed at Leavenworth City, urging him to guard 
against such occurrences, and take steps to restore the prop- 
erty of the men thus seized. On the same day he set out 
for Lecompton, where he arrived on the 12th of September. 
He found the people of that place in a state of great excite- 
ment in consequence of the recent visit of Lane. He im- 
mediately issued his address to the people of the Territory, 
setting forth his policy, and urging upon tliem to drop past 
diiferences and leave the result to a peaceable settlement at 
the ballot box. Subjoined are a few extracts : 

" Is there no remedy for these evils ? Can not the 
wounds of Kansas be healed, and peace restored to all her 
borders ? 

" Men of the Xortli — men of the South — of the East, and 
of the West, in Kansas, you, and you alone, have the rera- 
ed}^ in your hands. Will you suspend fratricidal strife? 
Will you not cease to regard each other as enemies, and 
look upon one another as children of a common mother, 
and come and reason together ? 

"In my official action here, I will do justice at all haz- 
ards. Intluenced by no other consideration than the welfare 
of the whole people of this Territory, I desire to know no 
party, no section, no Xorth, no South, no East, no Vv'est, 
nothing but Kansas and my country. 

" Let us all begin anew. Let the past be buried in obli- 
vion. Let all strife and bitterness cease." 

At the same time he issued orders requiring the com- 
mandants of the militia to disband their forces, giving as 
his reason that he had at his command a suflicicnt number 



400 HISTORY OF KANSAS TERRITORY. 

of United States soldiers to suppress all disorders. But tbe 
real object was to get rid of the armed invaders that were 
mustered under the specious title of " Territorial IMilitia." 
At the same time he issued a proclamation, requiring all 
free male citizens to enrol themselves as militia, to organize 
into companies, regiments and brigades, and to hold them- 
selves in readiness for any emergency. He forwarded orders 
to the commanders of the militia to at once disband their 
forces. 

The Governor was all this time unaware of the designs 
of the Missourians. He knew not that they meditated war, 
and were mustering in such large numbers. 

On the morning of the 13th, he received a note from Wm. 
A. Heiskill, Brigadier General of Southern Division of 
Kansas Militia, stating that in response to the call of Secre- 
tary Woodson, he had eight hundred men in the field, 
armed, " ready for duty and impatient to act." The Gov- 
ernor immediately dispatched orders for their disbandment 
and return to their homes. Through his special agent 
which he had sent to Lawrence, he ascertained that a large 
military force of twenty-five hundred men, under the com- 
mand of J. W. Reed, Atchison, Stringfellow and others, 
were threatening the town; that his proclamations had not 
yet been distributed, that the free state men were willing 
to disband as soon as these invaders should retire. 

Governor Geary immediately set out for Lawrence, in 
company with Colonel Cook and three hundred dragoons. 
He found the city well fortified, but only about three hun- 
dred men in it, and the dangers surrounding it not so great 
as he expected. He w^as cordially received, made a speech 
to the inhabitants urging forbearance, and then returned to 
Lecompton. 

Here he found the people stricken with a panic and filled 
with terror, which the mere mention of Lane's presence 
would always occasion. A few persons had come in from 
the neighborhood of Osawkee, with the sad and startling 



1856.] GOVERNOR GEARY. 401 

intelligence that Lane and his men were in their viciuitv, 
laying waste the country, robbing, killing and driving off 
pro-slavery men. The facts in the case are as follows : 

Upon the arrival of Governor Geary in the Territory, 
General Lane determined to retire from it. He left by way 
of Topeka. Here he started out on the 11th of August, 
with about thirty men, and, on arriving at Osawkee, learned 
that there was an armed body of Ruihans in the neighbor- 
hood of Hickory Point, about iive miles distant, who had 
been committing depredations for some time in that neigh- 
borhood, and had that day entered Grasshopper Falls and 
robbed its stores. At the earnest solicitation of the citizens, 
he decided to attack them. He sent back messengers to 
Topeka for reinforcements. About dusk that evening, a 
company of fifty men, under command of Captain Whipple,* 
left Topeka on foot, who reached Osawkee about daylight, 
and joined Lane's command. The free state forces then 
marched to Hickory Point, Vvdiere they arrived about eleven 
o'clock, and found the enemy strongly fortified in three 
houses, one of which was log, under the command of Cap- 
tains Lowe and Robertson. They formed a line of battle, 

"Captain Whipple has rather a singular history. He was born in Lisbon, Conn., in 
1830- He was a bold, fearless boy. but kind-hearted and agreeable. At the age of 
fifteen he left home as a volunteer for the Mexican war. He was so shifted about 
from one command to another as to be in most all the hard fought battles, and dis- 
tinguished himself as a soldier of undaunted courage. After the hostilities were over 
his command started for home across the plains. They had not proceeded far when a 
superior officer most grossly abused a private soldier. Whipple, who witnessed the 
brutal outrage for a short time, unable to restrain his indignation, pounced upon the 
officer and chastised him within an inch of his life- For this oii'ense ho was placed 
under guard, and when the troops arrived at Fort Leavenworth, was tried and sen- 
tenced to be shot. But, in consequence of his meritorious services as a soldier in tho 
war. this sentence was commuted to three years of hard labor in the guard-house and 
shop^-, with a ball and chain attached to his ankle. Ho was thus serving out his time, 
when he effected his escape in January, 1S56. After remaining for some time con- 
cealed in the wilds of the Delaware Reserve, he made his appearance at Topeka. Here 
he soon became familiar with the boys, was elected their Captain, and served with 
them during the troubles of that year. From his military knowledge and experience he 
was a great .acquisition to the free state men- From the time of his escape from 
Fort Leavenworth, he went under tho assumed name of Whipple, whereas his real 
name was Aaron Dwight Stephens. 

He was with John Brown during the troubles in Lower Kansas, accompanied him 
to Harper's Ferry, took part in tho raid, and perishea on tho gallows- 



402 HISTORY OF KANSAS TERRITORY. 

challenged the pro-slavery forces to an open field conflict, 
which was declined. Being unable to dislodge the enemy 
without artillery, Lane dispatched a runner to Lawrence 
for reinforcements and artillery, with instructions for them 
to come by way of Topeka and Osawkee. Ketiring to the 
latter place himself, he encamped with his command. lie 
there received the Governor's proclamation, ordering all 
armed forces to disband, and concluded to observe it. He 
sent word to Topeka to notify the Lawrence company of 
his determination, and for them to return. His command 
divided, the Topeka boys returned home, while he continued 
his journey !North. 

The Lawrence boys, instead of obeying the directions of 
General Lane, marched directly across the prairie to Hic- 
kory Point, where they arrived about ten o'clock on the 
following day, and commenced bombarding the houses with 
a twelve pounder, which had been taken by Colonel Doni- 
phan, at Sacramento, and which tiie free state men had 
secured in the last engagement at Franklin. The contest 
lasted six hours, during which one or two were killed and 
several wounded. The party in the houses were allowed to 
capitulate upon the most honorable terms, and retire to 
their homes. 

Rumors becoming more rife of difUculties in the vicinity of 
Osawkee and Hickor}' Point, the Governor on the following- 
day, September 14, dispatched Colonel Cook an order to 
send a company of troops to that place. Accordingly 
about sunset eighty-one dragoons crossed the Kav/ Piver, 
and proceeded to the scene of disturbances. About 11 
o'clock that night they came suddenl}^ upon a party of Col- 
onel Harvey's command, consisting of twenty-five men and 
three wagons, whom they arrested. Continuing their jour- 
ney, when within about four miles of Hickory Point they 
discovered the encampment of the main body of Harvey's 
men, whom they surprised and captured. They then re- 
turned with "one hundred and one prisoners, one brass 



1856.] GOVERNOR GEARY. 403 

Held piece, seven wagons, tliirty-eight United States mus- 
kets, forty-seven Sliarp's rifles, six hunting rifles, two shot 
guns, twenty revolving pistols, fourteen bowie-knives, four 
swords, and a large supply of ammunition for artillery and 
small arms." 

These prisoners were conducted to the camp of the United 
States troops and furnished inhospitable quarters. Their 
examination, after much delay, came ofl" before Judge Cato, 
which was partial in its character. The Prosecuting Attor- 
ney was Joseph C. Anderson, author of the Kansas Black 
Laws, a notorious Rufiian from Lexington, Missouri. The 
whole party were re-committed to custody for trial on the 
charge of murder in the first degree. 'No bail would be 
allowed, though the murderers of Barber, Dow, Brown, 
Jones, and others were either never arrested at all or set at 
liberty upon straw bail. They were soon afterwards re- 
moved from the United States encampment. General Smith 
refusing to retain them any longer, were placed in a dilapi- 
dated old house, guarded by a company of militia, under 
the command of Colonel Titus, and fed by Dr. J. IST. 0. P. 
AVood. They fared miserably for the want of proper shelter 
and food. 

The prisoners received their trial in October ; some were 
acquitted, others convicted of various degrees of man- 
slaughter, and sentenced to confinement for terms varying 
from five to ten years, at hard labor with the ball and chain. 
The latter part of the sentence was remitted by the Gover- 
nor. Upon the disbanding of the militia, in December, the 
prisoners — thirty-one of whom had escaped — were placed 
in the charge of Captain Hampton, a just and humane man. 
lie treated them with great lenity, and allowed them many 
privileges, for which he was bitterly denounced by the pro- 
slavery party, and came near losing his seat in its Conven- 
tion and the confirmation of his appointment by the Legis- 
lature. On the 2nd of ]SIarch, 1857, only seventeen prison- 
ers remained in charge of the master of convicts. 



404 HISTORY OP KANSAS TERRITOllY. 

They were all pardoued by the CTOvernor, agreeably with 
petitions from all parts of the Territory, after havijig been 
in confinement nearly six months. 

While these events were transpiring, messengers were 
constantly arriving, bringing intelligence of the threatening 
state of affairs around Lawrence. The Governor, on the 
14th, sent Secretary "Woodson, by whose orders these forces 
were assembled, and Brigadier General Strickler, with an 
escort of United vStates troops, to the pro-slavery camp on 
the Wakarusa, with instructions to disband tire militia. 
These gentlemen arrived at Franklin, assembled the Border 
chiefs, and sought to prevail upon them to obey the orders of 
the Governor. But they would pay no attention to the orders, 
utterly refused to recognize his authority, to listen to the 
Governor's proclamation, denounced and threatened Geary 
and declared they were not going to return until Lawrence 
and every free state town in the Territory were leveled with 
the ground. Their designs were blood and plunder ; they 
had entered upon the work of extermination for the " third 
and last time," and did not believe in abandoning their pur- 
pose so soon. 

In the afternoon of the same day, the Governor ordered 
Colonel Cook, with all his command, to hasten to Law- 
rence, and accompanied them himself. He found the dan- 
gers as threatening as had been described. Twenty-seven 
hundred armed men were in camp at Franklin, under the 
command of Generals Heiskill, Reid, Atchison, Richardson 
and Stringfellow, raving to attack Lawrence. But three 
hundred men Avere in arms in the city. These, unlike on 
the previous occasion, had determined to defend their fire- 
sides or perish in the attempt. Old John Brown, who had 
surprisingly appeared in their midst, was in command. 
There was no fear nor sickly efiiminacy there ; brave hearts 
beat in every breast, strong arms held every rifle. They 
were strongly fortified, well armbd, and commanded by a 
leader in whom they had the utmost confidence. They 



1856.] GOVERNOR GEARY. 405 

were iightiug at their own door ste[)S, in defence of their 
own firesides, and with the assurance that surrender would 
gain no more tlian defeat. Had there been an attack, and 
the free state men overpowered, the battle would have 
marked a ThermopylKi on the pages of history. 

When the Governor addressed the citizens of Lawrence, 
he told them that the troops had come to protect them, and 
\s'ould do it. They ottered to deposit their arms at his feet, 
and retire to their respective homes, but he bid them carry 
their arms with them, and use them, in the last resort, to 
protect their city and their lives. 

Early on the follovv^ing morning, the Governor started 
alone for the camp at Franklin. He met the advance party 
of three hundred about three miles out, preparing to make 
tlie assault. Already skirmishers and pickets had com- 
menced firing. AVhen he met them, he inquired who they 
were and Avhat were their objects. They replied that they 
were the territorial militia, and were going up " to wipe 

out Lawrence, and every d d abolitionist in the country." 

He informed them that he was the Governor of Kansas, and 
the commander-in-chief of the Territorial forces, and as 
such, ordered them to countermarch, and convey him to 
the center of the main line. 

He at once summoned the ofiicers together, and appealed 
to them in an earnest and feeling address, " setting fort! i 
the disastrous consequence of such a demonstration as was 
contemplated, and the absolute necessity of more lawful 
and conciliatory measures to restore peace, tranquillity and 
prosperity to the country," and directed their attention to 
his proclamations. The more prudent among them favored 
obeying at once his instructions, but such men as Jones, 
Clark and Maclean were loud in their denunciations of the 
Governor, and favored ettecting their purpose, even if they 
had to fight the United States troops. They, however, dis- 
banded and " retired, not as good and law-loving citizens, 
but as bands of plunderers and destroyers, leaving in their 
49 



406 HISTORY OF KANSAS TERRITORY. 

wake ruined fortunes, weeping eyes, and sorrowing hearts." 
Some left by way of Lecompton for Atchison, Doniphan 
and Northern Missouri; others took an opposite direction, 
proceeding to Fort Scott, Westport, and all the towns along 
the Border south of the Kaw, to return no more as invaders 
until they mustered in the cause of the Confederacy. It 
proved to be the "third and last time," indeed, but not for 
Lawrence, whicli continued to stand, grow and prosper 
until burnt and her people massacred by Quantrel. 



1856.] THE COURTS. 407 



CIIAPTEII XXXVII. 

THE COURTS. 

Governor Gcaiy next souii'ht to awaken and infuse nc\v 
life and virtue into the flndieiary of tlie Territory. Xot- 
witlistanding for tlie past two years, robiieries, murders and 
thefts were of daily ocenrance, but few, if any, offenders 
had been brought to justice. The Judges, like other United 
States officers in tlie Territory, had entirely lost sight of 
their official duties, in their blind devotion to party. AVe 
have seen the partiality employed in admitting pro-slavery 
criminals to bail upon worthless security, and refusing the 
same to free state men for mitigated crimes, though the 
best of vouchers were presented. Thc}^ had eagerly de- 
clared the enactments of the bogus Legislature valid before 
any case arose under them ; the}' had sought more to com- 
pel the free state men to recognize them as such than to 
punish an infraction of them. Their terms of court only 
lasted from live to nine days, twice a year in each county, 
and, in many instances, the Judges themselves were not 
present. 

When Governor Geary visited the pro-slavery camp on 
the AVakarusa, he found Judge Cato performing the part 
of a soldier. This same official was among the ruffian in- 
vaders durino- the siesre of Lawrence, in the fall of '55, and 
was with the party that killed Barber. When the live 
murders occurred on the Pottowatomie, he exerted liimself 
wonderfully to bring tlie guilty to retribution, lie wrote 



408 HISTORY OF KANSAS TERRITORY. 

to Governor Shannon, " I shall do every-thing in my power 
to have the matter investigated," and the guilty parties 
brought to justice. But when Frederick Brown, William 
Garrison, Williams, Cantral and others were murdered by 
Reed's army, not a word was said about investigating the 
matter and administering justice. 

The Governor induced Judge Cato to accompany him to 
Lecompton. On their road thither a most shocking spec- 
tacle met tlieir view. As the northern division of the Ter- 
ritorial militia, under the command of Colonel Clarkson, 
calling themselves Kickapoo Rangers, and numbering about 
three hundred, retired home by way of Lecompton, when 
within a few miles of that place, six of these men " halted 
by a field where a poor unoffensive lame man, named David 
C. Buffum, was at work. They entered the field, and after 
robbing him of his horse, shot him in the abdomen, from 
which he soon after died." The Governor and the Judge 
arrived just in time to witness the writhing agony, and to 
receive the testimony of the dying man. 

The Governor took immediate steps to have the mur- 
derer brought to justice. A warrant was drawn up and 
placed in the hands of the United States Marshal, a reward 
of five hundred dollars was offered for the arrest of the 
criminal, and secret agents were dispatched to Atchison and 
vicinity. Though the Marshal and his deputies were exceed- 
ingly active in arresting and bringing in all free state men 
for wdiom they had warrants, still they made but little etibrt 
to arrest this pro-slavery murderer. After almost two 
months elapsed the Governor finally succeeded in identify- 
ing and securing the person of the guilty one, named C. 
Hays. On examination, he was committed for trial on the 
■charo'e of murder in the first degree. Scarcelv had this 
been accomplished when Judge Lecompte admitted the 
prisoner to bail, with the worthless man Jones for security. 
This was thought to be a strange and irreconcilable pro- 
•ceedins;. The same Judi^e had refused bail to free state 



1<S56.] THE COURTS. 409 

men charged with only manslaughter, even before any thino; 
like a proper investigation of tlie matter took place, and 
would not entertain any evidence that would palliate their 
conduct. 

The Governor was determined not to be baffled. He im- 
mediately issued an order to the Marshal requiring him to 
re-arrest Hays and to hold him until discharged by a Jury. 
This order was obeyed and the murderer again placed in 
safe custody. But before Governor Geary, ^^'ho happened 
to be absent a few days, returned to Lecompton, the Chief 
Justice caused the prisoner to be brought before him on a 
writ oi habeas corpus, and discharged him. Governor Geary 
pursued the matter no further, but attempted in vain to 
effect the removal of the Chief Justice. 

As Judge Lecompte presided over the most populous dis- 
trict and became somewhat noted during the Territorial 
troubles, a short account of his life and character is here 
given. 

Samuel Dexter Lecompte was born in Dorchester County, 
Maryland, December 13, 1814. At the age of sixteen he 
entered Kenyan College, Ohio, where he remained two years. 
Thence he went to Jefferson College, Pennsylvania, and 
graduated in 1834 with honor. He was diligent in school 
and enjoyed the respect and confidence of his instructors. 
At a contest exhibition between two literary societies, he 
represented one as debator and was awarded the honor by a 
committee of gentlemen selected for that purpose. 

Leaving his alma mater, he entered the law ofhce of 
Henry Page, a distinguished lawyer of Maryland. In 1837 
he commenced practice in Carrol county, of his native State, 
and in 1840 was elected to the Legislature. In 1843, he 
returned to Dorchester county, Maryland, and continued 
the practice of his profession. Ho was a candidate for elec- 
tor for General Cass, and also a candidate for Congress in 
1850 ; but he, being a Democrat, and his district largely 
Whig, was defeated. Having removed to Baltimore city in 



410 HISTORY OF KANSAS TERRITORY. 

1854, he was soon aftenvards appointed Chief Justice of the 
Supreme Court of Kansas Territory. 

He is iv man of some ability, and possessed the mental 
qualilications to have performed the functions of his office 
with credit. lie is not the hard-hearted monster that he 
was sometimes represented to be, who placed no value on 
human life, nor had any respect for the right of property j 
on the other hand, he possessed tender and sympathetic 
feelings, and has ever been regarded, by those who knew 
him best, as an inoffensive and peaceable man. He fre- 
quently interposed to prevent the destruction of lite and 
property. On two different occasions he was thought to 
have saved the lives of Governors Robinson and Geary. 

But blindly devoted to party, and intensely pro-slavery 
in principle and policy, he was utterly disqualified for the 
impartial discharge of his duties. Like other men of re- 
spectability and talent, whose conduct during the troubles 
in Kansas stands out as anomalies in their lives, Judge Le- 
compte prostituted himself and his office to the interests of 
slavery; the blood of free state men, the tears and wails of 
widows and orphans over the pallid form of a nmrdered 
husband and father, the sufi'erings and privations occcasioned 
by the destruction of property, cried aloud unto him in vain 
for redress. It seemed that pro-slavery men of the highest 
grade and type lost sight of their manhood, and all [^he 
edvils of pandemonium took possession of them, goading 
them on to deeds of violence and bloodshed, or induced a 
tacit sanction of them. 

The Judge said to the writer, not long since, that " he 
claimed to have discharged his duty with the most perfect 
impartiality, and to have been entirely free, in the perform- 
ance of his duty, from partiality and prejudice. He knows 
that he never designedly departed from this path, and does 
not believe he ever did so undesignedly. He simply per- 
formed his duties of administering and expounding the laws 
as they were." " I am satisfied that on more than one occas- 



i 

I 



1856.] THE COURTS. 411 

ioji I saved the lives of men who are now living, to say 
nothing of property. 

Judge Lecompte, after his removal in the spring of 1857, 
retired to his little farm not far trom Leavenworth, where 
lie lias ever since continued the peaceful pursuit of agricul- 
ture. He is not w^ealthy, as he has heen represented, but 
possesses only a comfortable share of this world's goods. 
Since the troubles of the Territory are over, he has en- 
joyed the respect and esteem of all his neighbors and ac- 
quaintances. He was elected a member of the State Legis- 
lature in 1866 and took an honorable part m the delibera- 
tions of that body. 

"When the Governor arrived at Lecompton in company 
with Judge Cato, he met Judge Lecompte, who had come 
at the request w^hich Mr. Geary had previously sent him. 
Governor Geary sought to mipress the Judges wdth the im- 
portance of holding regular terms of court, of laboring to 
bring criminals to justice. At this time persons from all 
parts of the Territory were constantly appearing before the 
Governor, with complaints of wrongs that they had suf- 
fered. It w^as clearly the duty of the Judges to hear these 
complaints and provide for the redress of their grievances. 
The next day the Governor went to Topeka with some 
United States troops to make arrests. During his absence, 
Lecompte, instead of examining the hundred and one free 
state prisoners there in custody, left the towm, with direc- 
tions to have them conveyed to Leavenworth in three weeks, 
to undergo preliminary examination. His excuse for so 
doing, as afterwards given, w^as that in consequence of the 
excitement then prevailing in Lecompton, all the " law and 
order " men had left, so that it was impossible to procure a 
competent jury. The Governor wrote to Judge Cato to get 
him to come and examine the prisoners, which he finally 
did, as has been before narrated. Governor Geary then 
addressed notes to all the Territorial officers relative to what 
they had done, remarking that much complaint had come 



412 HISTORY OF KANSAS TERRITORY. 

to his ears of alleged neglect of duty on their parts. This 
eomnumieation called forth wordy and pithy replies from 
these ofhcials, denying his right to question thein in regard 
to the performance of their duty, but showing that they 
had done little or nothing in the strict requirements of 
their office. 

The Governor labored very diligently to restore order 
and quiet in the Territory, and to stimulate the officers to 
the discharge of their duties. But the Marshal improved 
his opportunity in making requisitions upon the Governor 
for troops, with which to arrest free state men, while at the 
same time he disregarded warrants which he held against 
pro-slavery men. His deputies, (for he seldom went him- 
self,) at the head of the United States troops, would enter 
towns, and under color of authority, commit offenses 
against the decency and quiet of the citizens more repre- 
hensible than that of those for whom they were in search. 
The Governor finally declined to make any such requisi- 
tions, as peace Avas restored and no more opposition to the 
execution of the law offered. The people, therefore, to 
their joy and satisfaction, were rid of the annoyance occa- 
sioned by Deputy Marshals and Sheriffis trooping over the 
country with a squad of dragoons at their heels to defend 
them in their insolence and outrage. 



1856.] lane's NORTIIEIIN AKMY. 413 



CHAPTER XXXVIII. 

lane's northern army. 

When it was announced in the free States that tlie Mis- 
sourians had forbidden the passage of emigrants to Kansas, 
and liad driven many back, those desiring to come to the 
Territory set out by the way of Iowa and Nebraska. Ac- 
cordingly, about the latter part of May, companies of emi- 
grants began to move towards the south-western corner of 
Iowa. By the 1st of August there were congregated in 
the neighborhood of Nebraska City, preparatory to enter- 
ing Kansas, five hundred persons and sixty wagons. These 
were truly emigrants, who had, without any preconcerted 
action, from their common destination and purpose, met at 
a point in their journey where dangers and trials became 
common. It is true, the advanced portion of the party, on 
learning that others were coming, halted until the latter ar- 
rived, that they might have a larger force to open the road 
and repel any aggressions. 

These emigrants came here to settle and make themselves 
homes. They were not an organized army, as was repre- 
sented, coming here purposely to fight, but were mechanics, 
farmers, artisans, and some professional men, who came to 
follow their vocations. They had agricultural and mechan- 
ical implements, stock, and those things emigrants generally 
convey to a new country. They had from common purpose, 
destination and interest, congregated as peaceful emigrants. 
50 



414 HISTORY OF KANSAS TERRITORY. 

That they haxl arms, miglit bo expected, for lew persons 
out West ill those days were without them. 

The first company that passed through w^as General J. II. 
Lane and six others, on horseback. They came disguised, 
in advance of the rest about one week, and had no connec- 
tion whatever with them. 

Three hundred of the first emigrant train stopped three 
miles south of the northern boundary of the Territory, laid 
out and established the towm of Plymouth; fifteen miles 
further south seventy -five others laid out the village of 
Lexington, and about thirty miles south of this Iloltonwas 
founded by thirty persons. This train opened the road, 
bridged the bad places, and established the stopping points 
above mentioned. The remnant of the train reached 
Topeka on the 13th of August, having traversed the whole 
length of the new route of one hundred and forty miles, 
led by C. M. Dickey, who superintended the train. Dr. J. 
P. Root and A. A. and S. V. Jamison were the committee 
to locate the route. 

Such was the advance of Lane's "northern army" that, 
created so much talk and fear among the pro-slavery men. 
They were soon followed by other and numerous trains, 
and thus the tide of emigration, with its former channel 
closed, rushed around the obstacle, and found a new chan- 
nel of its own. We shall now notice the eflorts to stop this 
wonderful invasion. Armed bodies of Missourians could 
come over, lay waste fields, sack and burn towns, rob and 
kill the settlers, without any interference on the part of the 
United States troops ; but let it be reported that ISTorthern 
men are going to do the same thing, and the policy towards 
them is exactly the reverse. 

Let it be remembered, let it go down in history, that 
Lane's " northern army,'' which Secretary Woodson tele- 
graphed to the President numbered 1,000 armed men, and 
w^hich was so reported over the world, consisted only of six 
men, in disguise. 



1856.] lane's northern army. 415 

Governor Geary, the latter part of September, having re- 
ceived reliable information that a large force, numbering 
one thousand men, with several pieces of artillery, were 
about to enter the Territorj- from the north, dispatched a 
detachment of United States troops, under Deputy Marshal 
Preston, to the northern frontier, with orders to arrest any 
illegally armed body that might be found within the limits 
of Kansas. Scarcely had they reached there, before one 
liundred and thirt}^ men, armed, equipped, (as reported by 
the officers,) and under the leadership of James Redpath, 
entered the Territory. They were immediately arrested by 
the United States troops, and conducted into the neighbor- 
hood of Lecompton. Here they had an interview with the 
Governor, who, being satisfied that they were a company of 
peaceable immigrants, permitted them to go their way. 

It was soon reported that Redpath's party was but the 
advance guard of the main body of Lane's men, and seven 
hundred more, with three cannon and small arms, were 
about to cross the river at ISTebraska City. The Governor 
immediately dispatched Colonels Cook and Johnson, with 
three hundred dragoons, to intercept their march. 

On the 1st of October a deputation, consisting of Major 
Morrow, Colonel Winchel, Wilham Hutchingson and Colo- 
nel J. Jenkins, called upon the Governor, stating that they 
were sent by Colonel Eldridge, General Pomeroy, Colonel 
Perry and others, who were escorting three hundred immi- 
grants into the Territory by way of Nebraska ; that they 
did not come for warlike purposes, nor disturbers of the 
peace, but as bona Jide settlers, with, agricultural implements, 
and some guns to protect themselves and shoot game for 
their families, &c. ; and that in the present disturbed state 
of aftairs, they did not wish to enter the Territory under 
any circumstances of suspicion, without notice to the Gov- 
ernor. On their denying that they had any connection with 
Lane's "armyot the north," the Governor told them he 
would welcome them as peaceable citizens, but that he 



416 HISTORY OF KANSAS TERRITORY. 

would prevent all armed invaders from entering the Terri- 
tory, to disturb and trouble the affairs therein. He gave 
them a letter, stating that they had called upon him with 
regard to their purpose, and commanding all military au- 
thorities to give the party under Colonel Eldridge and 
others, a safe escort into the Territory, in case the immi- 
grants proved to be wdiat they represented themselves. 

That which followed is here given in the conflicting state- 
ments of Governor Geary and the leaders of the party, so 
that the reader can draw his own conclusions as to which 
was correct : 



" Colonel William J. Preston, a Deputy United States 
Marshal, who had accompanied Colonel P.' St. ^George 
Cooke and his command to the northern frontier to look 
after a large party of proposed immigrants, who were re- 
ported to be about invading the Territory in that quarter, 
in warlike array, and for hostile purposes, returned to Le- 
compton on the 12th inst. 

" lie informed me that he had caused to be arrested an 
organized band, consisting of about two hundred and forty 
persons, among whom were a very few women and children, 
comprising some seven families. 

" This party was regularly formed in military order, and 
were under the command of General Pomeroy, Cols. El- 
dridge, Perry and others. They had with them twenty 
wagons, in which were a supply of new arms, mostly mus- 
kets, with bayonets and sabres, and a lot of saddles, &c., 
sufficient to equip a battalion, consisting one-fourth of cav- 
alry and the remainder infantry. 

'^ Besides these arms, which were evidently intended for 
military purposes, and none other, which were in the wagons, 
a search of which was strougly objected to, the immigrants 
were provided with shot-guns, ritles, pistols, knives, &c., 
sufficient for the ordinary uses of persons traveling in Kan- 
sas as any other of the AVestern Territories. 

" From the reports of the officers, I learn that they had 
witli them neither oxen, household furniture, mechanics' 
tools, agricultural implements, nor any of the necessary ap- 
purtenances of peaceful settlers. 



1856.] lane's northern army. 417 

" These persons entered the Territory on the morning of 
the 10th inst., and met Colonel Cooke's command a few 
miles sonth of the Territorial line. Here the Deputy Mar- 
shal questioned them as to their intentions, the contents of 
their wagons, and such other matters as he considered ne- 
cessary in the exercise of his official duties. ISTot satisfied 
with their answers, and being refused the privilege of 
searching their effects, he felt justified in considering them 
a party organized and armed in opposition to my proclama- 
tion of the 11th of September, After consultation with 
Colonel Cooke and other officers of the army, who agreed 
with him in regard to the character of the emigrants, he 
directed the search to be made, which resulted in the dis- 
covery of the arms already mentioned. 

"An escort was then ofi:ered them to Lecompton, in order 
that I might examine them in person, and decide as to their 
intentions, which they refused to accept. Their superfluous 
arms were then taken in charge of the troops, and the en- 
tire party put under arrest, the families, and all others, in- 
dividually, being permitted to retire from the organization 
if so disposed. Few, however, availed themselves of this 
privilege. But little delay and less annoyance were occa- 
sioned them by these proceedings. Every-thing that cir- 
cumstances required, or permitted, was done for the comfort 
and convenience of the prisoners. Their journey was 
facilitated rather than retarded. They were accompanied 
b}^ a squadron of United States dragoons, in command of 
Major H. 11. Sibley. One day's rations were dealt out to 
them, and they were allowed to pursue the route they them- 
selves had chosen. 

" Being apprised of the time at which they would proba- 
bly arrive at Topeka, I forwarded orders tor their detention 
on the northern side of the river, near that place, where, 
as I promised, I met them upon the morning of the 14th 
instant. 

" I found them precisely as they had been represented to 
me in official reports ; and while I felt disposed and anxious 
to extend to them all the leniency I could, consistent with 
])fopriety, duty and justice, and determined, at the same 
to enforce in their case, as well as that of every similar or- 
ganization, tlie spirit and intent of my proclamation of the 
11th ultimo, which conmiands ' all bodies of men, com- 
bined, armed and equipped with nmnitions of war, without 



41 8 HISTORY OF KANSAS TERRITORY. 

the authority oi the Government, instantly to disband or 
quit the Territory, as they will answer the contrary at their 
peril.' This I had done but a short time previous v/ith a 
smaller body, who entered Kansas as this had done, from 
an entirely different quarter, and who, upon learning my 
purposes, not only submitted willingly to be searched, but 
by my order, without a murmur, and even with cheerful- 
ness, disbanded and dispersed. 

"I addressed these peox)le in their encampment, in regard 
to the present condition of the Territory, the suspicious 
position they occupied, and the reprehensible attitude they 
had assumed. I reminded them that there was no possible 
necessity or excuse for the existence of large armed organ- 
izations at present in the Territory. Everything was quiet 
and peaceful, and the very appearance of such an unauthor- 
ized and injudicious array as they presented, while it could 
do no possible good, was calculated, if not intended, to 
spread anew distrust and consternation through the Terri- 
tory, and rekindle the fires of discord and strife that had 
swept over the land, ravaging and desolating eveiy thing that 
lay in their destructive path. 

"Their apology for this evident and undeniable disregard 
of my proclamation, though somewhat plausible, was far 
from being satisfactory. They had made their arrange- 
ments, they said, to emigrate to Kansas at a time when the 
Territory was not only disturbed by antagonistic political 
parties, armed for each other's destruction, but when nu- 
merous bands of marauders, whose business was plunder 
and assassination, infested all the highways, rendering 
travel extremely hazardous, even though every possible 
means for self-protecdon were employed. 

" This excuse loses all its pertinency when it is under- 
stood tliat before the party crossed the Territorial line they 
were apprised, through a deputation that had visited me, 
that the condition of things above described had ceased to 
exist, and that such was the true state of affairs that any 
person could travel the route the;y proposed taking, without 
molestation or the slightest cause for apprehension. I in- 
formed them, through their messengers, that I heartily wel- 
comed all immigrants, trom every section of the Union, 
who came with peaceful attitude and apparently good in- 
tentions ; and that to all such I would atford ample protec- 
tion. While, on the other hand, I assured them that I 



1856.] lane's northern army. 419 

Avould positively enforce my proclamation, and suiter no 
party of men, no matter whence they come, or what their 
political bias, to enter and travel through the Territory with 
hostile or warlike appearance, to the terror of peaceable 
citizens, and the dangers of renewing the disgraceful and 
alarming scenes through which we had so recently passed. 
It was quite evident that this party did thus enter the Ter- 
ritory, in defiance, not only of my proclamation, but my 
own verbal cautions ; and I therefore fully approve of the 
action taken by Colonel Cooke, Major Sibley, and Deputy 
Marshal Preston, as well as all the officers of the army who 
assisted in their deteution, search and guard. 

After showing the necessity of so doing, I insisted upon 
the immediate disbandment of this combination, which 
was agreed to with great alacrity. The majority of the 
men were evidently gratified to learn that they had been 
deceived in relation to Kansas aiFairs, and that peace and 
quiet, instead of strife and contention, were reigning here. 
My remarks were received with frequent demonstrations of 
approbation, and at their close the organization was broken 
up, its members dispersing in various directions. After 
they had been dismissed from custody, and the fact was an- 
nounced to them by Major Sibley, their thankfulness for his 
kind treatment towards them during the time he held them 
under arrest, was expressed by giving him three hearty and 
enthusiastic cheei"s. 

" In concluding this hastily written letter, I must express 
my sincere regrets that societies exist in some of the States, 
whose object is to fit out such parties as the one herein des- 
cribed, and send them to this Territory, to their own injury 
and the destruction of the general welfare of the country 
Very many persons are induced to come out here under 
flattering promises, which are never fulfilled ; and having 
neither money to purchase food and clothing, nor,;;trades or 
occupations at wnich to earn an honest livelihood, are 
driven to the necessit}' of becoming either paupers or 
thieves; and such are the unfortunate men who have aided 
materially in filling up the measure of crimes that have so 
seriously afiected the prosperity of Kansas. It is high time 
that this fact should be clearly and generally understood. 
This Territory, at the present season of the year, and es- 
pecially under existing circumstances, offers no inducements 
lor the immigration of the poor tradesman or laborer. The 



420 HISTORY OF KANSAS TERRITORY. 

country is overrun with biindreds who are unable to obtain 
employment, who live upon charity, and who are exposed 
to all tlie evils of privation, destitution and want. 

:\i i^ :\^ :^ t- ^K :* >;-- >!< ^i'- 

" John W. Geary, 
" Governor of Kansas Territory. 
" W. L. Marcy, Secretary of State." 

" Kansas Territory, ) 
" ToPEKA, October 15, 1856. / 

"Sir : — We, the undersigned, conductors of an emigrant 
train, who entered the Territory on the 10th instant, beg 
leave to make the following statement of facts, which, if 
required, we will attest upon our oaths. 

" 1. Our party numbered from 200 to 300 persons, in two 
separate companies, the rear company (which has not yet 
arrived) being prmcipally composed of families with child- 
ren, wdio left Mount Pleasant, low^a, three days after this 
train wliich has arrived to-day. 

"2. We are all actual, bona fide settlers, intending, as far 
as we know, to become permanent inhabitants. 

" 3. The blockading of the Missouri river to free state 
emigrants, and the reports which reached us in the early 
part of September, to the effect that armed men were in- 
festing and marauding the northern portions of Kansas, 
were the sole reasons w^iy we came in a company and were 
armed. 

"4. We were stopped near the northern line of the Terri- 
tory by the United States troops, acting, as we understood, 
under the orders of one Preston, Deputy United States 
Marshal ; and after stating to the officers who we were and 
what we had, they commenced searching our wagons — in 
some instances breaking open trunks and throwing out 
wearing apparel upon the ground in the rain — taking arms 
from the w^agons, wresting some private arms from the 
hands of men, carrying away a lot of sabres belonging to a 
gentleman in the Territory, as also one and a half kegs of 
powder, percussion caps, and some cartridges ; in conse- 
quence of which we were detained about two-thirds of a 
day, taken prisoners, and are now presented to you. 

"All that we have to say is that our mission to this Ter- 
ritory is entirely peaceful. We have no organization, save 



1856.] lane's northern army. 421 

:i police organization, for onr own regulations and defense 
on the way. And coming in that spirit to this Territory, 
we claim the rights of American citizens to bear arms, and 
to be exempt from nnlawful search or seizure. 

" Trusticg to your integrity or impartiality, we have con- 
lidence to believe that onr property will be returned to us, 
and that all that has been wrong will be righted. 

" We have subscribed ourselves, cordially and truly, your 
friends and fellow-citizens. 

*■' S. W. Eldridge, Conductor. 
" Samuel C. Pomeroy, 
" John A. Perry, 
"Robert Marrow, 
" Edward Daniels, 
" Richard Realf. 
" To His Excellency, John AV. Geary, Governor of Kavsa.% 
Territory. 

The above letter of Governor Geary clearly shows his 
prejudices and partialities at that time. It is a querry when 
he alludes to " a smaller body which had entered Kansas as 
this has done, from an entirely different quarter, and who 
on hearing my purposes to disband armed bodies, not only 
submitted wiUingly to be searched, but by my orders, with- 
out a murmur, with cheerfulness disbanded and dispersed," 
whether he alludes to the Border Ruffians who thronged 
the country around Lawrence, burnt Osawattomie, killed 
Frederick Brown, Williamson, Garrison, Keiser, Buffum, kc, 
who would not read his proclamation, pay any attention to 
his agents, disowned his authority, and whom he himself 
by persuasion and the display of United States troops i)re- 
vailed upon with difficulty to abandon their deadly purposes. 
If he did not allude to this circumstance, he at least failed to 
mention it in his letter to the Secretary. The vain Gover- 
nor vainly imagined that he could restore peace and tran- 
quillity to Kansas, and save the credit of the Democratic 
party. He had to learn that Border Ruffians and the 
administration at Washington did not care a fig for him 
nor the Democratic party. 
51 



422 illSTORY OF KANSAS TERRITORY. 



CHAPTER XXXIX. 

PEACE — ARREST OF THE FREE STATE LEGISLATURE. 

On the last day of September Governor Geary wrote to 
the Secretary of State, at AVashington : " I'eace now reigns 
in Kansas. Confidence is being gradually restored. Settlers 
are returning to their claims. Citizens are resumiug their 
ordinary pursuits, and a general gladness pervades the com- 
munity." 

The guerrilla bands had been broken up and had disap- 
peared; houses were no longer robbed and burnt; women could 
safely traverse the highways, and the citizens had begun to 
resume their peaceful labors. Prosperity and quiet once 
again dawned upon the distracted country. In various 
localities disturbances yet existed, and numerous complaints 
reached the Governor respecting them. He cited them to 
the local authorities for a redress of their grievances, and 
urged upon these officers prompt and efficient action. 
These were encouraged by the assurance that they should 
be backed by the powpr of the United States troops in the 
discharge of their duties, and soon the jarring and disturb- 
ing elements in every locality were removed through the 
proper exertion of the municipal authorities. United States 
troops protected loaded wagons from Westport, Leaven- 
worth and Kansas City to all the towns in the Territory, 
and secured them against any danger of being robbed. 

The Governor almost daily received complaints of the 



1856-7.] PEACE. 423 

continued outrages at Leavenworth, and he accordingly, on 
the 1st of October, wrote to the Mayor as follows : 

" I regret to inform you tliat since the receipt of your last 
letter I have received numerous complaints from persons 
claiming to be your citizens. It is said there exists in your 
city an irresponsible body of persons, unknown to the law, 
calling themselves " Regulators ; " that these persons prowl 
about your streets at night and warn peaceable citizens ' to 
leave the Territory, never to return, or they may be re- 
moved when least expected.' 

" This thing, Mr. Mayor, loill never do, and cannot be tole- 
rated for a single moraent. These ' regulators' w.uSt disband 
and leave the government ot the city to yourself and the 
autliorities known to the law." 

Accordingly, the mayor of this city immediately issued 
liis proclamation, declaring that he would rigidly enforce 
the law against these regulators, unless tbey desisted from 
their course of conduct. The consequence was, the decided 
action of the mayor soon checked the wild career of these 
desperadoes. 

The Governor mustered into the United States service, 
three companies of militia, two of which he stationed at 
Lecompton and one at Lawrence, for protective purposes. 
They remained in service until the iirst of December, when 
it appearing there was no more need of them, as order and 
quiet were restored, they were discharged. Individuals 
from different parts of the Territory had, previous to the 
organization of these companies, solicited the privilege from 
the Governor, to organize military companies for home de- 
fence, but were invariably refused. 

" By proclamation of the Governor, an election for mem- 
bers of the House of liepresentatives of the Territory and a 
delegate to Congress was held on the Gth of October. The 
free state people declined to take any part in tlie election, 
and in consequence but a small vote v\'as polled. Whittield, 
who was chosen delegate to Congress, came into tiie Terri- 
tory from Westport, at the liead of a party of such notori- 



424 HISTORY OF KANSAS TERRITORY. 

ously bad repute, that he declared himself ashamed to be 
seen in their compau3\ They came up to Lecompton, 
voted for Whitfield, and returned to Missouri." 

The Governor next made a tour of observation, passing- 
through Lawrence, Paola, Osawattomie, head waters of 
the Neosho and Fort Eilej. Finding all peace and order 
throughout his travels, he, on the 6th of JSTovember, issued 
his proclamation, appointing the 20th day of ISTovember for 
" thanksgiving and praise to Almighty God, for the bless- 
ings vouchsafed to us as a people," This was the first 
thanksgiving day that had been appointed in the Territory, 
except that by J. H. Lane, as chairman of the Executive 
Committee. 

Marauders continued to infest the south-eastern portion 
of the Territory. To ferret them out and bring them to 
justice, Edward Hoagland, United States Commissioner, and 
John A. W. Jones, United States Deputy Marshal, with a 
squadron of troops, were dispatched to that section. They 
discovered considerable stolen property, and restored it to 
the owners ; arrested five of the guilty parties, when the 
commander of the troops was ordered with his men into 
winter quarters at Fort Leavenworth, The Commissioners 
not being able to eflect anything without the military, re- 
turned. Though little was accomplished, still the moral 
effect of the expedition was beneficial. 

The Vermont Legislature, on learing that great sufiering 
was being experienced by the settlers of Kansas on account 
of not being able to cultivate their crops the summer previ- 
ous, generously voted §20,000 towards their relief. The 
Governor of that State so notified Governor Geary, Avho re- 
plied that he was not aware of such a state of things, but 
that the people generally had a sufiiciency, that wages were 
good so that the industrious would not want, and with 
thanks for their kind ofier, assured him that if cases of suf- 
fering came to his notice he would feel at liberty to nuike 



1856-7.] PEACE. 425 

the application suggested. The Governor evidently was in 
a diftereut mood when he wrote to Secretary Marcy upon 
another subject, " The country is overrun with hundreds 
who are unable to obtain employment, who live upon char- 
ity, and who are exposed to all the evils of privation, des- 
titution and want." 

In JSTovember Mr. Thadyus Hyatt, of JSTew York, took a 
company of ninety young men, tools, farming implements, 
&c., down on the south branch of the Potto wattomie, and 
there founded the town of Ilyattville. Hr. Hyatt was Pres- 
ident of the Kansas Aid Committee, and projected this 
plan to secure employment for these youths, who otherwise 
were likely to be a charge to the neighborhood in which 
they lived. 

Governor Geary's administration thus far had not met 
with endorsement by either party. He evidently designed 
to do right and administer the laws impartiall}^ ; but he 
went to Kansas with the notion that the Border Ruffians 
were to blame some and free state men much more. To the 
latter, therefore, ho was at first haughty and reserved, as 
though fearful that he might be contaminated by their as- 
sociation or entangled by their advice. The pro-slavery 
men from the first were prejudiced against him, and he 
sought not to gain their favor. He would favor neither the 
free state cause nor the '' single issue," and would be noth- 
ing else but Governor. He came to the Territory, not to be 
one of the people, to uphold any local party or interest, but 
as an administration man, hoping to secure favor with the 
Democratic party by settling the difficulties in Kansas upon 
the principles of justice and equity. He sought not to 
please the inhabitants of the Territory, but to govern them, 
and for accomplishing this object he expected to be backed 
by the whole force of the General Government. He, there- 
fore, sought to profoundly impress the people with the fact 
that he was Governor of Kansas Territory, and was fully 
capable and able to enforce the laws and restore order. 



426 HISTORY OF KANSAS TERRITORY. 

Peace and tranquillity were the leading objects of his ad- 
ministration, and he sought in his own way to attain them 
and coveted the glory. 

But to administer justice in Kansas was to favor free 
state men and oppose pro-slavery men ; because one only 
asked their rights, the other Avere the aggressors. From 
the first, therefore, though not desired on his part. Gov- 
ernor Geary grew more and more in favor with tlic free 
state men, and in dispute with the Border Eufiians. As 
a Democrat, his sympathies and feelings were with the 
latter, and for the sake of the Democratic party he would 
screen, though not justify, them in his reports. 

Many of both parties feeling that the Governor Avas sin- 
cerely laboring to restore order, an efi:brt was made to unite 
all such on a peace platform reposing upon confidence in 
the Governor, but as this movement declared some of the 
enactments of the Shawnee Legislature obnoxious, and at 
the same time that it was obligatory upon all persons to 
temporarily submit to them, thus involving a recognition of 
their validity, the eflbrt was a failure. 

The free state Legislature assembled on the 6th of Jan- 
uary, 1857, but a quorum not being present, no organization 
was effected. They held an informal meeting and adopted 
a memorial to Congress. It was thinly attended from 
various reasons. An unusual desire for peace pervaded the 
people ; they were heartily sick of war, contention and 
strife. Governor Geary had done much to allay the excite- 
ment in the Territory, was evidently laboring to do all he 
could in that direction, and made many good promises. 
Many thought that the meeting of this Legislature would 
be but the renewal of strife, with little prospect of accom- 
plishing much good. 

Governor Robinson, relying much on the numerous 
pledges of Governor Geary, and believing that the Topeka 
Constitution would be again submitted to the people, and 
fearing that as Governor of the State, on account of his 



1856-7.] - PEACE. 427 

well kuown radicalism, raiglit embarass and endanger the 
success of the movement, determined to resign. He accord- 
ingly, on receiving assurances from Lieutenant-Governor 
Roberts that he would attend the session of the Legislature, 
handed over to this gentleman his note of resignation, to be 
delivered to that bod3\ lie repaired to Washington to 
labor for the furtherance of the free state cause, in hope 
that as a private citizen, divested of all show of selfishness, 
he would be more instrumental. 

But when the Legislature assembled, neither Governor or 
Lieutenant-Governor was present, and no word of explana- 
tion from either to account for their absence. The mem- 
bers that assembled, and free state men generally, felt con- 
siderably provoked at this action on the part of these two 
oflBcers, and especially the Governor, and rumors were 
afloat that he had abandoned the movement, and sold him- 
self to the administration party. But a letter from Gover- 
nor Robinson, which he wrote from Washington as soon as 
he saw the proceedings of the Legislature, fully explained 
the whole matter to the satisfaction of all who were dis- 
posed to be satisfied. 

Governor Geary, trusting to the assurances of the leading 
free state men, did not apprehend any difficulty from the 
assembling of the Legislature. He, however, had his con- 
fidential agent on hand to report its proceedings, and had 
prepared himself for any emergency. Sherifl" Jones, not 
willing to trust the control of so important a matter to 
a doubtful Governor, w^as accordingly on hand himself. 
Going before Judge Cato, he obtained, on his oath, a writ 
for the arrest of the Topeka legislators, with the view of 
getting up another " war." He expected that the mem- 
bers would resist his arrests, and hence w^ould occasion the 
use of force, which would result in bloody strife. But in 
this attempt at mischief-making he was doomed to disap- 
pointment. 

The writs were placed in the hands of Deputy Marshal 



428 HISTORY OF KANSAS TERRITORY. 

Pardee, Jones accompauying him, to prevent any mistake 
in carrying out liis programme. But, contrary to the ex- 
pectation of this official, the members of the Legislature 
quietly yielded themselves up as prisoners, and were con- 
veyed to Tecumseh. Here, on the following day, they ob- 
tained a hearing before Judge Cato, and were severally 
discharged, on iive hundred dollars of their own recogniz- 
ance, for their appearance at the first term of court. Like 
that of all other State prisoners, their trial never came off, 
the district attorney always entering his nolle prosequi to 
every motion to proceed with it. 



1857.] TERRITORIAL LEGISLATURE. 429 



CHAPTER XL. 

TERRITORIAL LEGISLATURE. 

The Territorial Legislature assembled at Lecompton on 
the 12th of January. The Senate organized under the fol- 
lowing officers: Thomas Jolinson, President ;" Kiehard R. 
]{ees, President fro tern., Thos. C Hughes, Chief Clerk ; C. 
IL Grover, Assistant Clerk, and D. Scott Boyle, Engrossing 
Clerk. The House organized by electing Wm. G. Mathias 
Speaker, A\''. H. Tebbs, Speaker pro tern., and Robert C. 
Bishop, Chief Clerk. A joint coniniittee was appomted to 
wait on the Governor and receive any communication he 
had to give. His message was accordingly sent to both 
houses, read, referred to committees, and six thousand five 
hundred copies ordered to be printed. This document was 
not very palatable to rabid pro-slavery men, as it classed 
the action of the Territorial militia with that of Lane's 
men and those at Hickory Point. It urged them to abolish 
certain obnoxious laws, to be quiet on slavery, to correct 
the mis-print of the Organic Act in the copy of the statutes, 
and declared the Governor determined to act impartially. 

At the first ot the session, a secret caucus was held by 
the members of the Legislature, in which it was agreed to 
pass all the bills that the Governor might reject over his 
veto by a two-thirds vote. Pui-suant to this resolution they 
passed several very objectionable acts. They authorized 
tlie District Court, or any Judge in vacation, to admit to 
bail any prisoner on charge, or under indictment for any 
52 



430 HISTORY OF KANSAS TERRITORY. 

" crime or olfense whatever, whether such crime or oiFense 
shall have been heretofore bailable or not." This was de- 
signed to endorse Judge Lecompte and condemn Governor 
Geary in the murder case of Hays. The Governor sent in 
his objections to it, whereupon both Houses, without con- 
sidering them, passed the bill with but one dissenting vote. 
The day after this bill became a huv, " Geo. "W. Clark, the 
murderer of Barber, Dr. J. H. Stringfellow, Captain Wil- 
liam Martin and other pro-slavery men, against whom un- 
served warrants had been in the hands of the marshal for 
months, appeared voluntarily l)efore Judge Cato, offered 
bail and were discharged." Another act vetoed by the Gov- 
ernor provided for the taking of the census, preparatory to 
an election of delegates to a convention to frame a consti- 
tution, which will be examined more fully when the occa- 
sion for which it was framed shall be described. 

From the commencement of the session, the members of 
the Legislature were disposed to provoke a quarrel with 
the Governor. As we have seen, they resurrected the dif- 
ficulty between him and Judge Lecompte ; they next pro- 
ceeded to involve him in trouble with the most excitable 
and irritable character in the Territory. The county com- 
missioners had appointed Wm. T. Sherrard Sheriff of Doug- 
las County, in the place of Samuel J. Jones, who had re- 
signed. He was a A^irginian, of respectable parents, but a 
drunkeu, quarrelsome scamp, who had openl}^ declared, that 
if he could get to be sheriii', he would involve the Territory 
in war before a week expired. Soon after Sherrard ob- 
tained his ajDpointment, he called upon the Govcrnorj and 
somewhat insolently demanded his commission. The blanks 
being in the possession of the Secretary of the Territory, 
who was absent at the time, and as his signature and seal 
were necessary to legalize the document, the Governor bo 
stated to Mr. Sherrard, and requested him to wait a few 
days, until the Secretary's return. " Soon after, Sherrard 
called again at the Executive office, and on this occasion 



1857.] TERRITORIAL LE(iISLATURE. 481 

his conduct was so exceedinu'ly offonsive and insulting, an 
to elicit from the (^ovei'iu)!' the iin^uirv wliy he (Sherrard) 
should be so inimical to him. Such were his defiances and 
threats, tiiat even had the Secretary been present, the com- 
mission would not have been issued. Xext day Sherrard 
wrote a note to the Governor, mlbrming liim tiiat if the 
commission was not received within a certain time, a 
mandamus would be obtained to compel him to render it." 

In the meantime, the members of the county board, who 
had made the appointment, had severally visited the Gov- 
ernor, requesting him to withhold the commission until 
they could hold a regular meeting for the purpose of revok- 
ing the appointment, whicli liad hastily been made at the 
instance of Sheriff Jones, and without a proper knowledge 
of the character of the applicant, who, they were now co n- 
vinced, was utterly unfit for the ofUce, in consequence of th e 
violence of his disposition, his being almost daily engaged 
in street and tavern broils, and his threats to disturb the 
general peace as soon as the commission was obtained. 
iS^umerous petitions to the same efiect were also obtained 
from respectable citizens of the county. 

The House of Representatives passed a resolution on the 
19th of January, requesting the Governor to furnish their 
body a statement of his reasons for not commissioning Wm. 
T. Sherrard as Sheriff of Douglas County. The Governor 
replied, giving as his reasons the petitions he had received, 
the general character and daily conduct of the applicant, 
which tliey themselves knevr to be that of a seditious, 
drunken and unscrupulous loafer. 

The reply of the Governor greatly enraged the Legisla- 
tors. The very reasons assigned for not commissioning 
Sherrard were to them strong arguments that he ought to 
be commissioned. They had lauded and eulogized Sheriff 
Jones, and now desired a man to fill his place, which no 
honorable and worthy man could do. They wanted one to 
8tir up trouble, pursue free state men, insult ladies and at- 



432 HISTORY OF KANSAS TERRITORY. 

tack defenseless villages, and consequently, Sherrard pos- 
sessed strong recommendations in tlieir estimation. Some 
of the Legislators fumed and vaporized, declaring that 
Geary was a d — d despot, assuming arbitrary power from 
which an autocrat of Europe would have shrunk dismayed ; 
another thought he ought to be censured ; while a third de- 
clared he was a " usurper, a monster, and a tyrant," more 
atrocious and cruel in his conduct than iSTero or Caligula, 
in not commissioning Sherrard. And thus the speakers 
from little to greater vied with each other in their denun- 
ciation and abuse of the Governor. When they had freely 
vented themselves in words they unanimously passed a res- 
olution legalizing the acts of Sherrard and commissioning 
him SIieriiF of Douglas County. But the Council failed to 
concur in this resolution, and consequently their labor was 
in vain. It was not out of any respect to the Governor 
that the Council thus decided, for they declared that " the}' 
can not sustain the reasons of the Governor for his action 
in the premises," that he had no right to pass judgment upon 
the qualifications of an appointee, and that " he had no dis - 
eretion left to him " than to commission Sherrard. 

Sherrard thus sustained by the Legislature became ex- 
tremely insolent and venomous towards the Governor, his 
appointees, and free state men. At one time he assailed 
.)ohn A. W. Jones, a member of the Governor's household, 
a man of weak and slight physical frame and wholly un- 
armed, by striking him without a shadow of provocation. 
Again, he, after failing to provoke a quarrel with the Gov- 
ernor's private Secretary, struck him on the cheek, and 
seizing the handle of his pistol dared him to resent the 
insult. 

Sherrard next assaulted the Governor himself. On the 
9th of February, as the latter was retiring from the chamber 
in which the members of the House held their session, he 
was confronted by Sherrard, who accosted him, " You have 
treated me, sir, like a d d scoundrel." The Governor, 



1857.] TERRITORIAL LEGISLATURE. 483 

aifecting not to notice him, passed on, and the person of 
Mr. McAllster interposed between him and his assailant. 
Sherrard followed, spitting after the Governor, at the same 
time uttering oaths and threats of defiance, his right hand 
firmly grasping one of the pistols in his belt. Failing to 
provoke the Governor to a difiiculty in which he might 
have some pretense and nerve for shooting him, Sherrard 
liiially abandoned the undertaking, and retired to boast of 
the insults he had heaped upon Mr. Geary's head. 

A resolution, in the afternoon of the same day, was in- 
troduced in the House, highly condemning the conduct of 
Sherrard, instructing the Sergeant-at-Arms to bring him 
before the bar of the House to answer for the ofibnse, and 
excluding him from the privileges of that body. 

This created a perfect /?rro?'<3 among the members. Jos- 
eph C. Anderson, from Missouri, declared " the Governor 
liad no business in the halls of the Legislature, and that ho 
should confine himself to his Executive office." Mr. John- 
son said he knew the assault was to be made, bat did not 
think it proper to interfere, it being none of his business. 
Such was the apparent opposition to the resolution, that the 
mover withdrew it. A milk-and-water resolution was 
finally passed, for mere eflect, "to express the disapproval 
and maintain the dignity of the House," by a vote of 17 
ayes to 11 nays. The Council took similar action. 

Judge Cato, having come by request to the Governor's 
ofiice for consultation in regard to Sherrard's conduct, ap- 
peared inditterent al)Out the matter, and thought '' such out- 
rages beyond the pale of the law, there being no statute by 
which they could be punished." A warrant, however, was 
obtained for the arrest of Sherrard, and after remaining un- 
observed for two days a messenger was dispatched to J udge 
Cato, urging him to have it executed at once. This ofiicial 
was found in company with Sherrard and Jones, and when 
his attention was called to the matter, remarked that the 
Marshal was absent, and that it could not then be served. 



434 HISTORY OF KANSAS TERRITORY. 

The Governor, observing the indisposition to liave the war- 
rant executed, obtained and destroyed it. 

The free state men, and the better class of pro-slavery 
men, were highly indignant at the conduct of Sherrard and 
those who upheld him. Meetings were heh;l in various 
parts of the Territory, denouncing these indignities toward 
the Governor, and extending sympathy and assurances of 
co-operation in his laudable ettbrts to restore peace ami 
tranquillity. 

A meeting of this character was held at Lecompton on 
the 18th of February. Many threats had been made that 
it should never be held, and eiforts were employed to pre- 
vail on the Governor to prevent its assembling. But the 
Governor replied that he knew not what would be the sen- 
timents of the meeting, whether they would endorse or 
censure his actions, and that it would be highly reprehen- 
sible to prevent the people trom peaceably assembling and 
passing judgment upon the action of their officers. 

Xearly four hundred persons were in attendance, and the 
malcontents were there in the majority. A pro-slavery 
Chairman was elected and a pro-slavery Speaker took the 
stand, who in drunken gesticulations, denounced Governor 
Geary. The Committee soon presented a majority report 
of resolutions, in accordance with the pro-slavery senti- 
ments of the meeting, but a minority of the Committee re- 
ported resolutions highly complimentary to the Governor, 
full}^ endorsing his conduct and extending to him their aid 
and sympathy, " in view of the recent personal assault upon 
our worthy Executive, for an act done in his official ca- 
pacity, and fully justilied by all the circumstances.'' 

As quick as the reading of the latter series of resolutions 
was finished, Sherrard sprang upon a pile of boards and de- 
clared in a loud voice : " Any man who will dare to endorse 
these resolutions is a liar, a scoundrel and a coward." Mr. 
Shepherd, who stood in the midst of the crowd, remarked : 
" I endorse them, and am neither a liar, a scoundrel, nor a 



1857.] TERRITORIAL LEGISLATURE. 435 

coward ! " "Whereupon Sherrard immediately drew his re- 
volver, and fired all the loads as rapidly as he could pull the 
trigger, aiming at Shepherd, though endangering the lives 
of others. Three balls took effect on Shepherd, and a 
fourth slightly wounded another person. As soon as Sher- 
rard commenced firing Shepherd j)ulled off his gloves and 
attempted to return the shots ; but his caps being wet they 
burst without discharging the loads; and seeing that Sher- 
rard was about drawing his other pistol, he dubbed his re- 
volver, rushed toward Sherrard and struck at him with the 
butt, Sherrard not having an opportunity to fire, returning 
his blows in a similar manner. They were separated, and 
Shepherd was removed, severely, and it was supposed, mor- 
tally wounded." 

"ITo sooner was Shepherd taken off' than Sherrard seized 
his other pistol and advanced, with his finger on the trigger, 
towards .John A. W. Jones, the young man whom he had 
assaulted a few days before, when Jones, perceiving his 
danger, also drew his revolver. Several shots were simul- 
taneously fired, and Sherrard fell mortally wounded." 
Though it was diflicult to tell who fired the fatal shot. " a 
hue and cry was raised to hang young Jones ; but his 
friends were too numerous, and an attempt to have done so 
would have been attended with rather serious consequences." 

" The fall of Sherrard put an end to the riot. The rioters 
had lost their leader, and there was no one left among them 
sufiiciently bold and desperate to take his place; and to 
this fact they attributed the defeat of a well contrived 
scheme to again involve the community in destructive strife. 
This matter had long been in agitation, and Sherrard was 
the chosen instrument to accomplish the mischievous pur- 
pose. His fall put an end to the plot, and saved many a 
valuable life. He died early on the following Saturday 
morning, and his remains were removed to Winchester, 
Virginia." Jones, who killed Sherrard,was constantly threat- 
ened with being lynched, and a reward of five hundred dollars 



436 HISTORY OF KANSAS TERRITORY. 

was offered for bis assusshiation. lie appeared for exami- 
nation before Judge Cato, wlio pronounced judgment 
against him before the tirst witness had finished his testi- 
mony, gave bail in the sum of five thousand dollars, and 
escaped from the Territory through ISTebraska and lo^vii. 

On the same day the Legislature convened, a convention, 
first called to be held at Lea,venworth but afterwards 
changed to Lecompton, assembled at the latter place, which 
is distinguished for having changed the name of the pro- 
slavery party from the " Law and Order" to the " JN'ational 
Democratic Party of Kansas Territory.' ' At the former 
session of the Legislature it was declared that such a step 
was fraught with more danger than any that had yet been 
agitated, and that they should " know but one issue — Sla- 
very." When a primary convention at Tecumseh, which 
favored mutual conciliation, appointed delegates to this con- 
vention, and stated the object to be " to consult upon and 
propose a policy upon which the citizens of Kansas, without 
distinction of party, may unite for the preservation of peace 
and general conciliation," the " Squatter Sovereign, " in 
commenting upon this subject, said: "AVe advise our Shaw- 
nee friends to hold 'another meeting' and appoint delegates 
to the pro-slavery convention, or their credentials may be 
rejected." 

When the convention assembled, the first question that 
engaged its attention was by what name should it be called, 
as there was none given in the notice convening it. The 
cognomen "Law and Order" was first proposed, but was 
overruled b}'" Dr. Stringfellow, who proposed that it be 
called the " Pro-slavery Convocation," and " offered a reso- 
lution which was almost unanimously carried, denying a 
seat in the meeting to any man who was not known to be 
absolutely in favor of making Kansas a slave State." Mr, 
L. J. Hampton came near being excluded from the conven- 
tion by this resolution^ from the fact that he had treated 
the free state prisoners with some humanity. 



I 



1857.] TERRITORIAL LEGISLATURE. 437 

But imagine the surprise of the uninitiated when thev 
heard Dr. Stringfellow, on the following day, make a mo- 
tion that they call themselves the " ISTational Democratic 
party, of Kansas Territory." He had not long since said 
that he would not labor for any measure unless it would 
embrace the interest of the pro-slavery party. But the 
matter was explained. The whole thing had doubtless been 
arranged at Washington before hand, and the plan had just 
been communicated. In no other way can the sudden 
change of this partisan be accounted for. They had certain 
objects to attain — certain requests to make of the adminis- 
tration, and while it might refuse them as the pro-slavery 
party, it dare not as the Democratic party. They 
had an " ax to grind," so they changed their name. The 
Cincirmati Platform was adopted and a committee appointed 
to prepare an address to tlie people of the United States. 

The death of William P. Richardson occurred during the 
session of the Legislature. Respectful resolutions were 
passed, his seat draped in mourning, and the members 
agreed to wear a badge thirty days. He was Major- Gen- 
eral of the northern division of Kansas militia, and took a 
jirominent part in the affairs of the Territory. He intro- 
duced the resolution strongly censuring Sherrard for his 
conduct towards the Governor. 

The Legislature refused to repeal or alter the slave laws, 
and became higldy indignant at the Governor for suggest- 
ing such a thing. A great many paper towns, and many 
of the free state towns, as Lawrence and Topeka were char- 
tered. Numerous roads were authorized to be laid out, 
and railroad companies incorporated. 

The report of the Treasurer will show that Sl,811. 88 were 
received, and $1,809.50 expended during the year. The 
only source of revenue was poll tax. By the Auditor's re- 
port it will be seen that the indebtedness of the Territory 
amounted to $4,039.92. 

The Lecompton Legislature clearlv revealed to Governor 
5.3 



438 HISTORY OP KANSAS TERRITORY. 

Geary the relation in which he stood to the pro-slavery 
party; that they were not merely political opponents, but 
his enemies, not because he would not do right, but because 
he would not be their tool. He saw that they cared nothing 
for the Administration, Democratic party, himself, justice 
or right, beyond using all these for the "single issue," and 
Avhenever either stood in the way of its interest, they would 
seek to sacrifice it. He discovered that they were enemies, 
hostile and deadly. 

Governor Geary had never sought to conciliate them. 
He had always aimed to act independent of them, for he 
was not so particular about their favor as that of the Ad- 
ministration and the N^orthern Democracy, and hence, when 
he found that they were his irreconcilable enemies, he still 
trusted to the strong, far-extending arm of the General 
Government and the moral support of Democracy for success. 

Though Mr. Geary clung to the throne, still "there was 
a power behind the throne more powerful than the throne 
itself." This was slavery. Whatever may have been the 
real desires of Mr. Pierce's or Mr. Buchanan's heart, and no 
matter what policy either would prefer, to the demands of 
slavery they were always bound to submit. This fact Gov- 
ernor Geary next learned. Immediately after the insult 
offered to him and others by Sherrard, in consequence of 
the danger which seemed to menace him, he wrote to Gen- 
eral Smith, at Fort Leavrnworth, for two additional com- 
panies of troops, to be sent to Lecompton to preserve the 
peace. In a few days this officer replied that there were no 
laws for the employment of the troops for the purpose above 
mentioned, and that "all the forces had just been desig- 
nated by the Secretary of War, and are under orders for 
other services more distant." This was the first intimation 
that he was to be stripped of all power to suppress disturb- 
ances and for his own protection. He was assured, on the 
position being tendered him, that all the force he might de- 
sire would be at his command. 



1857.] TERRITORIAL LEGISLATURE. 439 

Bat the matter is easily explained. Meantime Emory, 
Calhoun, Clark and other jjro-slavery demagogues had gone 
to AViishington, obtained the ear of the President through 
Jefferson Davis, and prepossessed his mind with false rep- 
resentations concerning Governor Geary, and had impor- 
tuned his removal. There were no good grounds to sustain 
such an act before the country, so it was determined to 
drive him to a resignation. The troops were denied him ; 
the payment of money, which Mr. Geary had taken out of 
his own private funds, was disallowed for the reason that 
all the appropriations of Congress for the Territory were 
exhausted ; while rumors reached Lecompton that he had 
been removed and his successor named. '' During all tiiis 
time his dispatches to the outgoing and the incoming admin- 
istrations, defining the true condition ot affairs, and asking 
information and instruction, were unanswered, and appar- 
ently unnoticed." To cap the climax, the Governor was, 
in the next place, called upon by Secretary Marcy to ex- 
plain certain discrepancies between his account of the Hay's 
case and that of Judge Lecompte's ; to which Mr. Geary, 
who was now pretty well enlightened, repHed : '" What I 
have written, I have written, and have nothing to add, alter 
or amend on the subject." 

Governor Geary, seeing that he was abandoned by the 
Administration, all military and pecuniary support with- 
drawn, his way hedged up by pro-slavery men, and his life 
in imminent peril, forwarded his resignation, on the 4th of 
March, to take effect on the 20th of that month. Before 
another day he was compelled to leave Lecompton, to 
escape an attack from the Ruffians. Under the generous 
cover of night he hastily left the capital, armed with two 
revolvers, and wended his lonely wa^ to the residence ot 
Captain Walker, a free state man, where he appeared pale 
with fright, and besought protection and conveyance out 
of the Territory. Ere the morning light fell upon the 
prairies, he was in Kansas City ; taking a boat at this place, 



440 HISTORY OF KANSAS TERRITOKY. 

he issued his farewell address to the people of Kansas. Thus 
ended Governor Geary's career in the Territory, abandoned 
and forsaken by those whose reputation he had hoped to 
save. He never understood what the pro-slavery men of 
Kansas and the Administration at Washington wanted 
and ivould have, until compelled to leave the Territory, 
which, had he known upon the position being tendered him, 
doubtless he would never have*accepted it, or acted, in many 
instances, very ditfereutly in the performance of his execu- 
tive functions. Mr. Geary has since continued to rise to 
distinction, as Governor of Pennsylvania. 

Governor Geary's career and experience in Kansas are 
similar to Reeder's. Both came from the same State, hon- 
est and devoted Democrats, and based their policy upon the 
same principles of impartiality and justice; both leaned, at 
first, towards the pro-slavery men, and winked at some of 
their outrages, because they were the pets of the Adminis- 
tration. JSTeither understood the character of the Dem- 
ocracy in Kansas nor at Washington, and the political pre- 
dilections and prejudices of both were against free state 
men. But both were honest, and assiduously labored for 
the good of the Territory. Both were opposed and defied 
by the Legislature, their lives threatened; both were aban- 
doned ]jy tlie Administration that appointed them, simply 
because they wished to do right, instead of doing all they 
could for slavery. Keeder was removed, and Geary 
doubtless would have been, had he not resigned when he 
did. Both left the Territory in peril of their lives, under 
the friendly shade of night. 

On the 10th of April, Mr. Buchanan appointed Hon. 
Robert J. Walker, Governor, and Hon. Frederick P. Stan- 
ton, Secretary, of Kansas Territory. Daniel Woodson, former 
Secretary, was promoted to the ofiice of Receiver of the 
Delaware Land District. 



1857.J QUESTION OF VOTING. 441 



» 



CHAPTER XLL 

QUESTION OF VOTING FOR DELEGATES TO THE LECOMPTON CONSTI- 
TUTIONAL CONVENTION. 

Hon. Robert J. Walker was the son of Judge Walker, 
one of the Judges of the Supreme Court of the United 
States, and was born in Pennsylvania, not far from the 
home of Mr, Buchanan. He studied law under his father, 
and practiced his profession at Pittsburg, where he married 
the daughter of Franklin Bache, of Philadelphia, and grand- 
daughter of Benjamin Franklin. He made the first nom- 
ination of Mr. Jackson for the Presidency. He early emi- 
grated to Mississippi, where he took an active part in poli- 
tics; favored the independence of Texas and its annexation 
to the United States ; but opposed Mr. Calhoun's project of 
making it all slave territory, taking about the same stand 
that he did in reference to Kansas that the character of 
labor in the diiferent States of the Union was determined 
by climate and not by legislation. He conducted a famous 
canvass in Mississij^pi against Poindexter for the United 
States Senate, upon the issue of nullification. He bitterl}' 
denounced disunion in that early day as treason, set forth 
in the clearest light the relation of a State to the Federal 
Government, and proudly triumphed over his powerful com- 
petitor. This canvass has no parallel in the history of our 
country, considering the momentous issue at stake, the tal- 
ented champions who conducted it, and the universal atten- 



442 HISTORY OF KANSAS TERRITORY. 

tion it attracted, unless it be the famous contest in Illiiiois 
between Hon. Stephen A. Douglas and Hon. Abraham Liu- 
cohi. Mr. Walker occupied a seat in Mr. Polk's Cabinet as 
Secretary of the Treasury, in which position he distin- 
guished himself for his financial ability, by drawing up and 
establishing a system of revenue, that reduced duties more 
than one-half, while it produced upwards of ^29,000,000 the 
first year. 

Governor Walker is undoubtedly the greatest and most 
distinguished man that was ever appointed to any position 
in Kansas by the General Government. He stood firmly 
and devotedly by the Union in the recent great national 
conflict; an intimate friend and adviser of President Lin- 
coln ; contributing able articles to the "Continental Re- 
view" upon the subject of currency and the w^ar ; planning 
and carrying out in a great measure the wonderful policy 
of finance adopted by the General Government. He re- 
luctantly and hesitatingly accepted the appointment of 
Kansas Territory at the repeated and earnest solicitations 
of President Buchanan and Stephen A. Douglas, but not 
until after a full understanding and perfect concurrence of 
opinion were liad between himself and the President with 
reference to the policy which he afterwards pursued. 

About the time of Mr. Walker's appointment, it waa 
thought by the Administration, and the real friends of the 
Democratic party, that civil war was on the eve of break- 
ing out in Kansas, which threatened to involve the whole 
Union. The Topeka Legislature had determined to put its 
government into practical operation, which would evidently 
bring on a collision between it and the Territorial authori- 
ties ; each party would be supported by the difierent States, 
and thus war was inevitably the consequence. The policy 
therefore determined upon by Mr. Buchanan and Mr. 
Walker, in order to avert this calamity, was to sustain the 
dignity of the Territorial Legislature by compelling obedi- 
ence to its enactments, and suspend action on the part of 



1857.] QUESTION OF VOTING. 443 

the State Legislature, by giving every assurance and guar- 
antee that the election of delegates to the Constitutional 
Convention should be fairly conducted, and the constitution 
framed by them should be submitted to a fair and full vote 
for ratification or rejection by the people. Mr. ^Talker was 
urged to accept the appointment, in view of the dangers 
menaced, and on the grounds that he was best qualified for 
the work in being a northern man by birth and a southern 
man by long residence. 

Hon. Frederick P. Stanton, who was appointed successor 
of Mr. Woodson as Secretary of the Territory, was born at 
Alexandria, D. C, on the 22nd of December, 1814, and 
consequently does not claim to be a native of Virginia, but 
always to have been under the flag of the Union, and to 
owe allegiance to it alone. 

He obtained his education chiefly in the very excellent 
and well-known school of Benjamin Ilallowell, of Alexan- 
dria, in which he became an assistant tutor at the age of 
eighteen. He graduated and obtained a diploma at the 
Columbia College, near Washington, D. C. His first em- 
ployment after graduation was teaching, first in a village 
school in Occoquan, Va., and afterwards as an assistant 
teacher in an academy at Portsmouth, of the same State. At 
the age of nineteen he was elected principal of an academy at 
Elizabeth City, N. C.,where, after spending two years, he was 
admitted to the bar of his native town, Alexandria, and 
immediately removed to the Western District of Tennes- 
see. Here he engaged in his profession at the age of 
twenty-one, and for one or two years also conducted the 
editorial department of the "Gazette," jjublished at Mem- 
phis. In 1845 he was elected to Congress from the Mem- 
phis District, which he represented for ten consecutive 
years. He was first chairman of the Committee on Xaval 
Afifairs, and then of the Committee on the Judiciary, took 
a prominent and decided part in the proceedings of the 
House, always supporting measures because he thought 



444 HISTORY OF KANSAS TEERITORY. 

them right, rather than consult the interest of party, though 
a Democrat in politics. 

In 1855 he voluntarily retired from Congress and began 
the practice of his profession at Washington, where, after an 
absence of several years in this Territory, he returned and still 
resides. He was a warm friend of the Union during the 
great rebellion, employing all his powers in the interest of 
his country, furnishing many valuable articles for the "Con- 
tinental Review," to which he was a regular contributor for 
two years. ^ 

Mr. Stanton arrived at Lecomptou on the 15th of April, 
in advance of Governor Walker several days, and took 
charge of the Executive afiairs of the Territory, He came 
here strongly prejudiced against the free state men, a pro- 
slaver}'^ man himself, and with all his sympathies in that 
direction. He was somewhat bold and deiiant in his de- 
meanor towards them, declaring in a public speech at Law- 
rence that the Territorial laws should be obeyed, and the 
taxes, assessed under its authority, collected, and in case of 
resistance there would be "■ war to the knife, and knife to 
the hilt." In a few days after his arrival he issued his ad- 
dress defining the policy that had been agreed upon by the 
administration, and shortly published an apportionment of 
delegates to the Constitutional Convention. 

Governor "Walker arrived at Lecompton on the 27th of 
May, where he immediately issued his inaugural, to which 
we will again advert, after examining the provisions for 
calling: the Constitutional Convention. 

The Shawnee Legislature passed an act for submitting 
the question of "the expediency of calling a convention to 
form a State Constitution," to the determination of the peo- 
ple of the Territory, at the election in October, 1856. At 
this election 2,670 voted in favor of calling the Convention 
and only a few against it, while at the same time the total 
number of votes cast for Delegate were 4,276, and the num- 
ber of legal voters in the Territor}^, as shown by the im- 



1857.] QUESTION OF VOTING. 446 

perfect census returned were 9,251. But little interest was 
manifested in the matter, even among the pro-slavery men, 
whereas the free state men took no part whatever in the 
election. 

On the 19th of February, 1857, the Legislature at Le- 
compton passed an act for taking the census, the apportion- 
ment of delegates, and calling a convention to frame a con- 
stitution. The census was to be taken between the first day 
of March and the first day of April following, by the Sheriffs 
of the respective counties, who owed their appointment, 
through the County Commissioners, to the Legislature. 
The provisions for taking the census were not at all objec- 
tionable, but eminently just and eq,uitable, if properly car- 
ried out. 

After the returns were completed the Governor was au- 
thorized to make an apportionment of sixty delegates 
among the districts into which the thirty- four counties were 
divided, and announce it by proclamation. The election of 
these delegates was to take place on the third Monday in 
June, 1857, and no one* Avas to be allowed to vote whose 
name did not appear upon the uumeration list. The dele- 
gates thus elected should meet at Lecompton on the first 
Monday of September following, and enter upon their work. 
ITo provision was made for submitting the Constitution 
when framed to ratification or rejection by a vote of the 
people. 

The census was partially and incorrectly taken in fifteen 
counties, which were thus reported to have 9,251 legal 
voters. From Johnson county, which was then the Shaw- 
nee reserve, and excluded from settlement, and consequently 
no white person could have a legal residence upon it, 496 
voters were returned. Doniphan county, was returned with 
about the same number as Douglas, though containing no 
more than one-half as many voters. But in nineteen of the 
counties no attempt was made to take the census, and no 

returns were received. 
54 



446 HISTORY OF KANSAS TERRITORY. 

In some instances, doubtless, the free state men refused 
to give in their names; but it is not known that any vio- 
lence or threats were offered to the census takers. 

But the officers did not conform to the law where they 
pretended to take the census. They were required to make 
out a full and complete list of all legal voters, place them 
on file in the office ot the Probate J udge, who was required 
to keep the record open for inspection for several weeks, 
and allow people to make any corrections or amends. 
Similar lists were to be posted wp and distributed among 
the voters. In many instances these provisions were wholly 
disregarded. 

The plain intent of the law was, that no apportionment 
of delegates to the convention should be made, until the 
census should be completed, and the returns of such com- 
plete census made. But Secretary Stanton, ignorant of the 
Territory and its population, giving too much credit to the 
reports of pro-slavery men, with whom he was really in 
sympathy, after waiting some length of time, and no more 
returns coming in, made the apportionment of sixty dele- 
gates among the fifteen counties from which returns had 
been received ; thus virtually disfranchising the other nine- 
counties, in which the enumeration had not been taken, 
though not the fault of the inhabitants. 

In this way the border counties were entitled to most of 
the delegates, and about one-half the inhabited territory 
entirely disfranchised. Mr. Stanton was under no obliga- 
tion to base the apportionment upon these returns, until 
they were completed ; indeed, he had no right to, according 
to the act from which he derived his authority to make the 
apportionment at all. 

Mr. Stanton acted sincerely according to the light he 
then had. He soon perceived his error, and was frank 
enough to admit it. In a speech at New York shortly 
afterwards, he said : " If I had then known what I have 
since ascertained, and what I now believe and know to be 



I 



1857.] QUESTION OF VOTING. 447 

true, I should have hesitated before I would have made an 
apportionment which should have brought about the state 
of things which now exist. I should have suffered the 
whole law to fail. But, under the circumstances, supposing 
as I did then, that the people who had refused to go into 
this election, or to go into the process of registration, were in 
a measure factious, and not justified in what they were doing, 
and not knowing the character of the popuUition in the 
other counties, or whether they had any population at all, 
or any considerable population, and being under the neces- 
sity of acting by a particular time — for the returns were to 
be made in my ofiice on the 1st of May, and the election to 
take place on the 15th of June — I say, under the pressure 
of these circumstances, I could do nothing but what I did." 

But there can be no question that Messrs. "Walker and 
Stanton came here with the design and express understand- 
ing, of giving a fair and full opportunity to the people of 
the Territory to decide their difiiculties at the ballot-box, 
by voting for delegates to the Constitutional Convention, 
and then by voting upon the adoption ot the Constitution 
itself. Upon this understanding with Mr. Buchanan, they 
accepted the positions tendered them, and with the design 
of faithfully carrying it out, they came to the Territory and 
entered upon and conducted their work. 

Governor Walker first sought to impress the people with 
the object of his mission, and the policy he intended to fol- 
low. In his inaugural, delivered at Lecompton on the 27l;h 
of May, he says : , 

" The mode of adjustment is provided in the act organ- 
izing your Territory — namely, by the people of Kansas, 
who, by a majority of their own votes, must decide this 
question for themselves in forming their State Constitution. 

" Under ovir practice the preliminary act of framing a 
State Constitution is uniformly performed through the in- 
strumentality of a convention of delegates chosen by the 
people themselves. That convention is now about to be 
elected by you under the call of the Territorial Legislature, 



448 HISTORY OF KANSAS TERRITORY. 

created and still recognized by the antliority of Congress, 
and clothed by it, in the comprehensive language of the 
Organic Law, with full power to make such an enactment. 
The Territorial Legislature then, in assembling this conven- 
tion, were fully sustained by the act of Congress, and tlie 
authority of the convention is distinctly recognized in my 
instructions from the President of the United States. Those 
who oppose this course can not aver the irregularity of the 
Territorial Legislature, whose laws, in town and city elec- 
tions, incorporate franchises and on all subjects but slavery, 
they acknowledge by votes and acquiescence. If that Leg- 
islature was invalid, then are we without law or order in 
Kansas, without town, city or county organization, all legal 
and judicial transactions are void, all titles null, and an- 
archy reigns throughout our border. 

"It is my duty, in seeing that all constitutional laws are 
fairly executed, to take care, as far as practicable, that this 
election of delegates to the convention shall be free from 
fraud or violence, and that they shall be protected in their 
deliberations. 

" The people of Kansas, then, are invited, by the highest 
authority known to the Constitution, to participate freely 
and fairly in the election of delegates to frame a constitu- 
tion and State government. The law has performed its 
entire appropriate function, when it extends to people the 
right of suliTage, but it cannot compel the performance of 
that duty. Throughout our whole Union, however, and 
wherever free government prevails, those who abstain from 
the right of sutfrage, authorize those who do vote to act for 
them in 'that contingency, and the absentees are as much 
bciiind under the law and constitution, where there is no 
fraud or violence, by the act of the majority of *those who 
do vote, as though all had participated in the election. 
Otherwise, as voting must be voluntary, self-government 
would be impracticable, and monarchj or despotism would 
remain as the only alternative. 

" You should not console yourselves, my fellow-citizens, 
With the reflection that you ma}', by a subsequent vote, de- 
feat the ratitication of the constitution. Although most 
anxious to secure to you the exercise of that great consti- 
tutional right, and believing that the convention is the ser- 
vant, and not the master of the people, yet I have no 
power to dictate the proceedings of that body. I cannot 



1857.] QUESTION OF VOTING. 449 

doubt, however, the course they will adopt on this subject. 
But why incur the hazard of the preliminary formation of 
a constitution by a minority, as alleged by you, when a 
majority, by their votes, could control the forming of that 
instrument ? 

" But it is said that the convention is not legally called, 
and that the election will not be freely and fairly conducted. 
The Territorial Legislature is the power ordained for this 
purpose, by the Congress of the United States ; and, in op- 
posing it, you resist the authority of the Federal Govern- 
ment. That Legislature was called into being by the Con- 
gress of 1854, and is recognized in the very latest Congres- 
sional legislation. It is recognized by the present Chief 
Magistrate of the Union, just chosen by the American peo- 
ple, and many of its acts are now in operation here by uni- 
versal consent. As the Governor of the Territory of Kansas, 
I must support the laws and the Constitution ; and I have 
no other alternative, under my oath, but to see that all con- 
stitutional laws are fully and fairly executed. 

" I see in this act, calling the convention, no improper or 
unconstitutional restrictions upon the rights of suffrage. I 
see in it no test oaths, or other similar provisions objected 
to in relation to previous laws, but clearly repealed as re- 
pugnant to the provisions of this act, so far as regards the 
election of delegates to this convention. It is said that a 
fair and full vote will not be taken. "Who can safely pre- 
dict such a result ? Nor is it just for a majority, as they 
allege, to throw the power into the hands of the minority, 
from a mere apprehension — I trust entirely unfounded — 
that they will not be permitted to exercise the right of suf- 
frage. If, by fraud or violence, a majority should not be 
permitted to vote, there is a remedy, it is hoped, in the wis- 
dom and justice of the convention itself, acting under obli- 
gations of an oath and the proper responsibility to the tri- 
bunal of public opinion. There is a remedy, also, if such 
facts can be demonstrated, in the refusal of Congress to 
admit a State into the Union under a constitution imposed 
by a minority upon the majority by fraud or violence. In- 
deed, I can not doubt that the convention, after having 
framed a State constitution, will submit it for ratification or 
rejection, by a majority of the then actual bonajide resident 
settlers of Kansas. 

'^With these views well known to the President and Cabinet, 



% 
450 .HISTORY OF KANSAS TERRITORY. 

and aj^proved by them, I accepted the appointment as Governor 
of Kansas. My instructions from the President, through the 
Secretary of State, under the date ofoOth of March last, sustain 
' the regular Legislature of the Territoi^y ' in ' assembliyig a con- 
vention to form a constitution,' and they express the opinioyi of 
the President that ' v)he7i such a constitution shall he submitted 
to the people of the Territory, they must be protected in the exer- 
cise of their right of voting for or against that instrument ; and 
the fair expression of the popular will must not he interrujited 
by fraud, or violence.'' 

^' I repeat, then, as my clear conviction, that unless the conven- 
tion submit the constitution to the vote of all the actucd residerU 
settlers of Kansas, and the election be fairly and justly contested, 
fhe constitution will be, and, ought to he rejected by Congress." 

He took the position that there was an agency more pow- 
erful than human legislation which would determine the 
local institutions of the Territory. It was the same which 
Daniel Webster assumed in regard to the Territory of New 
Mexico. The isothermal line defined the limits of slavery 
and that to attempt to extend it beyond that line would be 
like an eflbrt to change the laws of God. He nrged them 
to cease from trying to eifect a thing which had already 
been settled by the unalterable prohibition of ISTature. This 
argument broke the strength of the pro-slavery party. 
Many of them already desirous of peace began to abandon 
the struggle. Governor Walker was highly censured by 
the more rabid pro-slavery men, and by their press all over 
the Union, for what was generally called his " isothermal 
argument."' 

The Governor labored faithfully and earnestl}^ to prevail 
upon the free state men to take part in the election by as- 
suring them that they should be protected from fraud and 
violence, and setting forth the practical and happy results 
in thus terminating existing diifieulties in the Territory. 
Though the propositions of Governor Walker seemed fair 
and candid, still there were many reasons which made the 
free state men loth, and finally to refuse to contest the 
election. 



1857.] QUESTION OP VOTING. 451 

It was not from any fear that they were numerically 
weaker than the opposite party that caused them to decline 
the contest, for it was generally conceded hy pro-slavery 
men that their opponents surpassed them in numbers. 
Even the famous " Squatter Sovereign " paper gave up the 
struggle and closed its existence. There was no more 
threatening, no more raids, no more '' wiping out of Law- 
rence," no more war appeals, or din and clang along the 
Border. The only hope of pro-slavery men lay in the elec- 
tion of a pro-slavery convention to form a constitution 
through the advantages which their own legislation had 
given them. 

In the first place, free state men w^ere strongly attached 
to the Topeka State organization, for it was a work of their 
own ; whereas the calling of a Constitutional Convention 
was made by a body whose authority originated in fraud 
and oppression, an authority they had always repudiated. 
It seemed to them humiliating and degrading, after having 
so long protested against the validity of the Territorial 
Legislature, to turn around and so far recognize it as to vote 
under its appointment, and thus really supersede an illegally 
constituted body and derive their authority from it. Such 
was not a material objection, but it had its influence among 
the masses. 

But the chief objection was the apprehension that there 
would be little fairness and justice in the elective contest. 
Although Governor AValker made every assurance that 
these fears would not be realized, yet he was a stranger to 
them, a Southern man in views and interest. Had Gover- 
nor Walker been among the people long enough to have 
secured their confidence, as Reeder and Geary, who like- 
wise at first were regarded with suspicion, and justly, the 
case would have been very difterent. Already, by the reg- 
istration and apportionment, a monstrous fraud had been 
perpetrated, and how could they efpect better treatment in 
the future. 



452 HISTORY OF KANSAS TERRITORY. 

With the unfair apportioninent, it was doubtful whether 
they could elect a majority of the delegates, and as the act 
providing for the convention did not prescribe that the con- 
stitution, when framed, should be submitted to the people 
for ratification or rejection, there was .no guarantee that 
the convention would likely do it. In case they did, the 
free state men could then go in and defeat it, so there could 
be nothing lost by not taking part in the convention. 
Though Governor Walker assured them that it should be 
so submitted, and in case it was not, Congress would and 
ought to reject it, still pro-slavery presses declared differ- 
ently, and censured Governor Walker for raising the ques- 
tion of its submission. Says a Richmond paper : 

"Upon the new plan which Governor Walker submits 
for the settlement of the Kansas difficulty, we cannot ven- 
ture an opinion before we scrutinize it in detail. There is 
one point, however, upon which we can give an instant 
and emphatic decision ; and that is, the proposition to sub- 
mit the constitution of Kansas to a popular vote. In 
respect of general policy, such a step would inevitably in- 
volve very disastrous consequences. In the first place, it 
would intlame and prolong the controversy, and would 
ultimately throw Kansas into the arms of the abolitionists. 
But any discussion of the measure in regard to expediency 
is unnecessary and irrelevant, since a convention, which is 
to frame a State constitution for Kansas, is endowed with 
no authority to submit this their work to the popular vote. 
The act by which the convention assembles, ascertains and 
limits its powers, and in that act there is not one word 
about submitting the constitution to the people. The con- 
vention can do nothing for which there is not an express 
authority in the law ; and as there is neither an express 
nor implied authority in the law to submit the constitution 
of Kansas to a vote of the inhabitants of the Territory, the 
step would be an illegal, an invalid usurpation pf power. 
The proposition is too plain to allow of controversy. Sub- 
mit it to any lawyer in the land, from Chief Justice Taney 
or Reverdy Johnson, to the poorest pettifogger in the most 
obscure country villagdf and the answer will be, that the 
convention in Kansas has no right to submit the coustitu- 



1857.] QUESTION OF VOTING. 453 

tion to a popular vote. The journals of the iSTorth concede 
the point, and declaim against the law calling the conven- 
tion, on the ground that it makes no provision for a popular 
vote on the constitution. "Why then does Governor Walker 
raise the question? It is especially surprising that he 
should assume an undeniably untenable position/' 

Governor "Walker's policy for the adjustment of Kansas 
difficulties instead of being endorsed was received with dis- 
trust by both parties — one fearing it would not, the other 
that it would, secure a fair expression of the public will 
upon the constitution about to be formed. The South was 
enraged at his isothermal argument. 

From these considerations the free state men resolved at 
a delegate convention held at Topeka on the 9th of June, 
not to participate in the election of members for the Con- 
stitutional Convention. They reaffirmed their adherence to 
the Topeka State organization, and recommended its main- 
tenance. They '' disown as invalid and of no force or etlect 
the authority of the Territorial Government," and declared 
that '' their admission into the Union under the Constitu- 
tion which they have already formed, is the only method of 
adjusting existing difficulties, to which the}" will assent." 
They not only resolved "to disregard and permit to pass 
without any participation therein," the coming election, but 
that anv one who "• consents to become a dele2:ate to the 
Lecompton Convention, or a candidate to the same, is un- 
worthy the confidence and fellowship of the free state men, 
and should be regarded with suspicion every-where." It 
provided'for a convention to be held at Topeka, July 15, for 
the purpose of nominating State officers, and consulting 
upon subjects of public interests. 

Upon^the same day the State Legislature convened, and 
proceeded with its business without any interruption, 
though Governor "Walker was in town. It passed an act 
authorizing and providing for the taking of the census, and 

55 



454 HISTORY OF KANSAS TERRITORY. 

one dividing* a portion of the Territory into counties by the 
following names : Allen, Adams, Abbott, Arny, Barber, 
Brown, Blood, Beckerton, Blimmerton, Collins, Currier, 
Cantral, Curtis, Conway, Concklin, Shombre, Dickey, 
Deitzler, Dow, Dana, Delehay, Jamison, Jordon, Geary, 
Hillyer, Hopps, Howe, Hoyt, Holliday, Harding, Hutching- 
son, Harvey, Jones, Keyser, Lane, Leavenworth, Parrott, 
Pillsbury, Partridge, Powers, Phillips, Roberts, Robinson, 
Reeder, Redpath, Smith, Sackett, Stewart, Schuyler, Thorn- 
ton, Updegraff, Williams, Walker and Wakefield. It 
passed an act providing for an election of State officers, on 
the third Monday in August following, with suitable direc- 
tions, and made Topeka the capital of the State. It was 
not in session long and only passed such laws as were ne- 
cessary to preserve its organization, having determined to 
await the development of Walker's policy. 

*This failed to pass— only introduced. 



1857.] CONTESTING THE ELECTION. 455 



CHAPTER XLII. 

QUESTION OF VOTING FOR MEMBERS OF THE LEGISLATURE. 

The Delegate Convention assembled at Topeka July 15, 
reaffirmed its adherence to the State organization, and again 
repudiated the Territorial Legislature. State officers were 
nominated for the election in August, and the people were 
urged to interest themselves in it. They recommended a 
submission of the Topeka Constitution to a vote of the 
people at the same time. On account of reports that Mis- 
souriaus were preparing to interfere with the fall elections, 
General J. H. Lane was appointed to organize the people in 
the several districts to protect the ballot-box. 

The question ot contesting the October election engaged 
in a great measure the attention of the convention. That 
a diversity of views were held might be expected, and the 
discussion was warm and earnest. It was finally resolved, 
in view of certain declarations of Governor AA^alker, look- 
ing to fairness and justice, to call a mass convention of the 
citizens of Kansas, to be held at Grasshopper Falls on the 
last "Wednesday in August, " to take into consideration all 
that may be necessary in regard to that election." A Dele- 
gate Convention was likewise called at the same time and 
place, to carry out the views of the mass convention, com- 
posed of twice as many delegates as there were free state 
Senators and Representatives. It is a noticeable feature 
that A. D. Richardson was the chief secretary of this Con- 
vention. 



456 HISTORY OF KANSAS TERRITORY. 

At the free state election, held on the 9th of August, the 
following is the official vote upon all State issues : Judges 
of Supreme Court — S. ^. Latta, 7,200, and M. F. Conway, 
7,178 ; Secretary of State — P. C. Schuyler, 7,167 ; Auditor — 
A. G. Cutler, 7,177 ; Eeporter of Supreme Court — E. M. 
Thruston, 7,187 ; Clerk of Supreme Court — A. Patrick, 
7,200; Representative to Congress — M. C. Parrott, 7,267. 
A^ote for the Constitution, 7,267 : against it, 84. 

About the first of August, Governor Walker surrounded 
Lawrence with four or live hundred dragoons, for the pur- 
pose of suppressing the city government. The people of 
that town refused to accept the charter proffered by th e 
Territorial Legislature, for which a few had petitioned, and 
had organized a municipal government of their own. It 
was never brought into practical effect, but was designed 
only to regulate and control the action of those who would 
acknowledge its authority, and to be in readiness to go into 
operation, the moment that free state men should ^et con- 
trol of Territorial or State legislation. Governor Walker 
heard of it, and determined to break it up. He issued his 
proclamation, entreating the citizens to abandon their city 
organization, and warned them of the consequence. It 
seemed much like magnifying a mole-hill into a mountain, 
by the Hurry and display the Governor made about the 
matter ; for he had no more right to interfere with this as- 
Bogiation of individuals, than with a voluntary debating 
society, until they attempted to enforce their requirements, 
he inhabitants of Lawrence paid but little regard to the 
Governor's display of troops, nor his pronunciamentos, 
and quietly pursued their vocations. The dragoons, num- 
bering some four or five hundred, after being kept on the 
outskirts of Lawrence for several weeks, to end the folly, 
were removed by order of the President. 

The question of participating in the October election for 
members of the Legislature and delegates to Congress, en- 
gaged the attention of free state men during the summer. 



1857.] CONTESTING THE ELECTION. 457 

Governor Walker had said in his speech on the 9th of 
June, " In October 7iezt, not under the act of the late Territorial 
Legislature, but under the laws of Congress, you, the whole feo- 
ple of Kansas, have the right to elect a delegate to Congress, 
and to elect a Territorial Legislature." 

The notion of abandoning the State organization was at 
first rather unpopular; citizens could not bear the idea of 
80 far recognizing the validity of the Territorial Legisla- 
ture as to vote under its provisions. But the more the sub- 
ject was discussed, and renewed assurances from Governor 
Walker given, that fairness should be shown in the election, 
the more the idea prevailed. Some gentlemen, more of a 
chivalrous or morbid, than practical, sense of honor, re- 
volted at the suggestion, and bitterly fought the measure 
throughout. They were generally of that class who had 
reaped much pleasure and profit from writing to Eastern 
presses about Kansas troubles, and who were interested in 
their continuance. But the common sensed and practical 
minded readily discarded such nice distinctions of honor 
and felt it not at all disreputable " to stoop to conquer." 
What was the Topeka Constitution to them, if they could 
but obtain the blessings of peace and liberty by forsaking 
it, in order to hurl their oppressors from power ? 

But still there were practical difficulties in the way of 
success should they contest the election. The apportion- 
ment of members to the Council and House of Representa- 
tives was partial and unjust. It was Governor Walker's 
duty in the first place to have made this ; but the printing 
of the acts of the previous Legislature being delayed, he 
did not see a copy of the election law until after the time 
had expired in which he could make the apportionment. 
The duty now devolved upon the President of the Council 
and Speaker of the House of Representatives to do the 
work, and accordingly Mr. Mathias and Mr. Johnson did it 
to the entire satisfaction of the pro-slavery party. The ap- 
portionment of Councilmen was as follows : 



458 HISTORY OF KANSAS TERRITORY. 

Leavenworth County, 3 ; Atchison, 1 ; Brown, Nemaha, 
Marshal, Pottawottomie and Riley, with all that part of the 
Territor^^ which lies west of Marshal, Riley and Davis 
Counties, 2 ; Jefferson and Calhoun, 2 ; Douglas and John- 
son, 3 ; Shawnee, Richardson,* Davis, Wise,^ Breckenridge," 
Bourbon, Godfrey, Wilson, Dorn, McGee, Butler, Hunter, 
Greenwood, Madison, Weller, Cofi'ey, Woodson and Allen, 
2 ; Anderson, Lykins, Linn and Franklin, with all the Ter- 
ritory lying west of AV^ise, Butler and Hunter, 1 ; making 
in all 18 Councilmen. 

The apportiontment of members for the House of Repre- 
sentatives was equally unfair. Leavenworth County had 8, 
whereas Douglas and Johnson, together with all the vast 
country west of v/hat is now Morris, Chase and Butler, 
only 8 ; Doniphan had 5, and Atchison 3, while thirteen 
other counties, among which were Anderson, Franklin 
Allen and Bourbon, had but 3; Linn and Lykins had 2 
apiece; Jefferson County 2, and Shawnee 1. 

This apportionment was decidedly against the free state 
men, and comprised their chief embarrassment. It dark- 
ened their prospect of success, though they were double in 
numerical strength to their opponents. " It showed an un- 
questionable determination to introduce voters from abroad. 
Sixteen counties, strongly free state, containing nearly one- 
half the entire population of the Territory, are not allowed 
a single representative in either branch. Of the thirteen 
members of the Council, all but three, and of thirty-nine 
members of the House of Representatives, all but ten, are 
elected in districts bordering on the Missouri line. Topeka 
is connected with Fort Scott, and Lawrence is attached to 
Shawnee Mission, adjoining Westport. The Lawrence and 
Doniphan districts are also made to embrace an indefinite 
extent of country, having no geographical connection what- 
ever with them, away in the region of the Rocky Moun- 
tains, occupied only by Indian trading posts, here and there, 

(1) Waubansee, (2) Morris. (3) Lyons- 



1857.] CONTESTING THE ELECTION. 459 

at which fictitious precincts may be made, aud from which 
fictitious returns may he sent in, at anytime after the election, 
to overcome the free state vote. Besides these things, our 
enemies have complete possession of the machinery of the 
election. Establishing places for voting, appointing the 
judges, canvassing the returns, declaring the result of the 
election, and all other matters of detail, are in the hands of 
county commissioners, who were themselves elected by 
fraud and violence from Missouri. Mr. Abel, partner of 
Mr. Atchison, says that Kansas will not be given up, and 
General Atchison sounds the note of renewed preparation 
to South Carolina, and declares that ' with one more efltbrt, 
the work is done.' " 

The qualifications of an elector, it was feared, would dis- 
franchise many free state men. A residence of six months 
in the Territory was required, which would cut' ofi" from 
voting the vast immigration that had come in from the free 
States during the spring and summer. Judge Oato had 
just decided that all voters would be required to pay the 
Territorial tax, though Governor Walker held to the con- 
trary. 

But the Federal Government had recognized the Terri- 
torial Legislature as legitimate, which tei5ded greatly to 
preclude the success of the Topeka Constitution. Should 
the free state men be victorious in the coming election they 
would have obtained all they sought by the Btate organi- 
zation. Should they be defeated, they would stand the same 
chance of triuihph under the Topeka government. They 
had, therefore, little to loose and much to gain by going 
into an election. "With nothing but the oft repeated 
pledges of Governor Walker, for fairness and justice, to in- 
sure their success, they hesitatingly fell in with the idea of 
contesting the election. 

The Mass aud Delegate Conventions assembled at Grass- 
hopper Falls on the 26th of August, " in a grove near the 
village." It was an important assemblage, aud was a crisis 



v/ 



460 HISTORY OF KANSAS TERRITORY. 

in the history of the Territory, G. W. Smith was chair- 
man of the Mass Convention, and W. Y. Roberts of the 
Delegate Convention". Spirited discussions were awakened 
by the proposition to contest the October election. Con- 
way, Phillips and Redpath were the principal opponents ; 
while Robinson, Lane, Pomeroy, Holliday, Smith, and oth- 
ers, favored it. Governor Robinson held that " the Terri- 
torial form of government was legitimate, and that although 
our present form of government was the offspring of fraud, 
yet it was recognized by the Federal Government, and be- 
fore the United States Courts it was useless to contest — 
that there was no wa}^ of getting rid of it so eft'ectually as 
by the ballot-box — and that in the measure contemplated, 
so far from abandoning the State government, we are ac- 
tually forwarding it by preparing, in a legal and legitimate 
manner, to put its opponent out of the way." 

" Mr. Phillips was opposed to the resolution, representing 
that a requirement of six months' residence, the registration, 
and the territorial tax, together with an irruption of pre- 
viously registered voters from Missouri, rendered utterly 
impossible any prospect of success." He concluded by 
offering a resolution, that, should the free state men gain 
possession of tke legislative powers of the Territory at the 
coming election, they should use them to destroy the old 
Territorial Government, and to establish that under the 
Topeka constitution. 

The following are the resolutions passed by the Mass 
Convention : 

""Whereas, It is of the most vital importance to the 
people of Kansas, that the Territorial government should 
be controlled by the bona fide citizens thereof; and whereas. 
Governor Walker has repeatedly pledged himself that the 
people of Kansas should have a full and fair vote, before 
impartial judges, at the election to be held the first Monday 
in October, for Delegate to Congress, members of the Leg- 
islature, and other officers. Therefore 



f 



I 



1857.] CONTESTING THE ELECTION. 461 

" Resolved, That we, the people of Kansas, in Mass Con- 
vention assembled, agree to participate in said election. 

'' Resolved, That in thus voting, we rely upon the faithful 
fullillment of the pledge of Governor Walker ; and that we, 
as heretofore, protest against the enactments forced upon us 
by the voters of Missouri. 

" Resolved, That this mass meeting recommend the ap- 
pointment of a committee to wait upon the Territorial au- 
thorities, and urgently insist upon a review and correction 
of the wicked apportionment endeavored to be forced upon 
the people of Kansas, for the selection of members of the 
Territorial Legislature. 

" Resolved, That General J. H. Lane be authorized and 
empowered to tender to Governor Walker the force organ- 
ized by him under the resolution passed by the convention 
held at Topeka on the 15th of July last, to be used for the 
protection of the ballot-box.'" 

General Lane, with characteristic adroitness, lingered on 
the outskirts of the convention until he saw the direction 
which the current of public opinion would take, then 
mounted the platform and made a flaming speech in favor 
of contesting the election. 

M. F. Conway, opposing the proposed contest, "■ argued 
at length upon the impracticability of the proposition to 
vote, that to enter into that contest would be virtually 
abandoning the State government and Topeka constitution, 
which had so long been the efficient rallying cry of the free 
state party ; that in doing so we take a step backward in 
our political history, which he feared it impossible ever to 
retrace. As a matter of principle, he feared the free state 
party, by so doing, would stultify itself, and render itself 
ignominous in the eyes of the lovers of freedom. As a 
measure of policy, he could see but one issue, and that was ^^ 
defeat." 

Judge Smith favored participating in the election, and re- 
marked, although " under very unfair and unusual restric- 
tions, ho yet considered it their duty to go to the polls in 
October next and vote, and he was confident that with pro- 
5G 



462 HISTORY OF KANSAS TERRITORY. 

per organization and exertion, there was no question as to 
their complete triumph." " That it was necessary to contest 
the election, in order to satisfy our friends in the free States, 
since we had represented to them that we were numerically 
greater than our opponents, and since Governor Walker 
gave every assurance of fairness and justice, which was all 
we had asked." 

The Delegate Convention nominated M. J. Parrott as 
candidate for Delegate to Congress, appointed a Territorial 
Executive Committee of twenty members, to have their of- 
fice at Lawrence, five of whom should constitute a quorum, 
for the transaction of business, and recommended to the 
citizens of each voting precinct to choose a committee of 
three persons, who should keep a record, of all the votes 
cast, those refused and the reasons of refusal, and that citi- 
zens be present in sufiicient numbers to sustain such a com- 
mittee. 

The free state men entered upon this contest little sanguine 
of success. In their addresses to the people of the country 
they said , " With the administration against us — with one- 
half of the six months voters virtually disfranchised ; with 
an election law framed expressly to keep the newly arrived 
emigrants from the polls ; with the hellish system of dis- 
tricting staring us in the face ; with most of the oflicers of 
the election Border Rufiians of the deepest dye ; with th.e 
slave party of Missouri boldly avowing, through General 
Atchison, their determination to invade us ; with only the 
already half violated pledge of Governor Walker to rely 
on, we do not feel at liberty to cherish a very lively expec- 
ation of a fair election." 

The election on the 5th of October, notwithstanding the 
obstacles, resulted in favor of the free state men. Many of 
them, disdaining to act under the direction of the Territo- 
rial Legisiature, or having no hope of success, refused to 
vote. There were nine free state men and four pro-slavery 
men elected to the Council, and twenty-five free state men 



1857.] CONTESTINQ THE ELECTION. 463 



i:!jiise3sa 



and fourteen pro-slavery men elected to the House of Rep- 
resentatives. M. J. Parrott was chosen delegate over ex- 
(jovernor Raiisom'-^' hy ahout 4,090 majority. There were in 
all 11,687 votes for delegates. 

But the election proved that the fears of the free state 
men were not unfounded. At a little town called Oxford, 
in Shawnee County, near the Missouri line, the polls were 
kept open two days, and 1638 votes were polled, of which 
not more than seventy-five or a hundred were legal. This 
was designed to counterbalance the vote at Lawrence,wliich 
was in the same district. In a precinct in the south-eastern 
portion of the Territory, in what was then called McGee 
County, twelve hundred votes were polled, where only 
fourteen were cast at the election a short time previous 
for delegate to the Constitutional Convention. Governor 
Walker, true to his pledge to fairness and justice, set aside 
these returns for the c/i^e^^/ec/ reason of defects in the papers 
transmitting them, but for the 7ral reason that he believed 
them to be fraudulent. At Kickapoo, and other places, 
frauds were perpetrated, but not so egregious, and were 
passed by unobserved. 

Governor Walker having refused certificates to several 
claiming election, upon the fraudulent votes cast in the two 
precincts above mentioned. Judge Cato issued his manda- 
mus, requiring the Governor to grant the certificates, or 
show reason for withholding them, and placed it in the 
hands of the parties interested to execute. Governor 
Walker refused to observe the mandamus, and set forth his 
reasons at length ; closed his reply by assuring the Judge, 
if he would push the matter so far as to seek to arrest and 
imprison him, he (the Governor) would yield himself with- 
out resistance, and if he (the Judge) apprehended any dis- 
turbance of the peace by the proceeding, that he (the Gov- 
ernor) would make a requisition for the United States 

'•'Formerly Governor of Michigan, but then a broken down politician. 



464 HISTORY OF KANSAS TERRITORY. 

troops to prevent it. The whole affair was supremely 
ridiculous. Suffice it to say, that the Judge pursued the 
matter no farther. 

While the Kansas Governors generally proved true to 
their honest convictions, other appointees of the Adminis- 
tration, in most instances, used all their influence to serve 
partisan purposes. Such seems to have been especially the 
case with the Judiciary. Judge Cato, ot Alabama, was 
perhaps the most perverse and partial of all others ; Judge 
Elmore was the most prompt to duty, strict and impartial 
in his judgments; Judge Lecompte, the most learned and 
pliant tool; Judge "Williams said the most and did the 
least — as cowardly as he was dishonest — and Judge Pettit, 
of Indiana, the staggering embodiment of all vices and 
virtues. 



1857.] LECOMPTON CONSTITUTION. 465 



CHAPTER XLIIL 

LECOMPTON CONSTITUTION. 

The delegates to the Constitutional Convention were 
elected hy only 2,200 votes, on the third Monday in June. 
The free state men did not participate in the election. They 
assembled at Lecompton on the 7th of September, and pro- 
ceeded to organize their body. John Calhoun was chosen 
Presibent. Delegates from Anderson and Franklin Coun- 
ties presented themselves, claiming seats ; but as there had 
been no census taken in those counties, in consequence of 
the want of the proper officers, and no apportionment made 
to them by the Secretary, they were rejected. The conven- 
tion, after organizing, adjourned on the 11th of September 
to the 19th of October, in order to take part in the election 
of the Territorial Legislature. 

The indignation of free state men towards this conven- 
tion ran high, and reached its culminating point after the 
election of the Legislature. The Federal Government rec- 
ognized it as a legally constituted body, and protected it 
with the United States troops. Threats were loud against 
it in buncombe speeches and letters for Eastern presses, that 
it should never hold its session in Kansas, with the view of 
intimidating and deterring the delegates from re-assembling. 
A free state convention was called and held at Lecompton 
on the same day that the Constitutional Convention con- 
vened the second time, and loudly protested against that 
body framing a constitution for the people, and calling upon 



466 HISTORY OF KANSAS TERRITORY. 

it to abandon its purpose. Local conventions were held, 
speeches and threats made, excitement kept up at boiling 
heat, and the denunciations of this body of usurpers, who 
had presumed to frame a government for the people, and 
w^ho were protected in their work by Federal bayonets, rose 
from all parts of the Territory. 

It was several days after the re-assembling of the Consti- 
tutional Convention, before a quorum could be mustered 
for the transaction of business. There evidently was a dis- 
position on the part of a large number of pro-slavery men, 
to let the matter go by default, after the results of the re- 
cent election showed them the relation in which they stood 
to an enraged and indignant people. A quorum finally was 
secured, and they proceeded to frame a constitution for the 
State of Kansas, without molestation. After a session of 
about two weeks, they completed their work, and forty- 
three members affixed their names to the document. 

It seems to have been the original design of the delegates 
to submit the constitution to a popular vote. The question 
having been discussed in the canvass, before the election, 
and the free state men charging it upon them that they did 
not design to submit, it the delegates nominated in Douglas 
county, among whom was John Calhoun, met on the eve 
of the election, came out in a card bitterly denying such 
intentions, and pledging themselves to favor a submission 
of the constitution, for ratification or rejection by the peo- 
ple, and Governor Walker testified that Calhoun never in- 
tim9.ted, in frequent conversations he had with him, that he 
aid not favor total submission, until shortly before the con- 
vention assembled. 

It was generally believed at that time, as the Covode in- 
vestigation of 1860 clearly shows, that the Lecompton con- 
stitution was transmitted entire from Washington, or 
at least those parts aftecting admission and slavery, to the 
convention for its formal endorsement. Though it is evi- 
dent that as late as the 12th of July, Mr. Buchanan must 



1857.] LECOMPTON CONSTITUTION. 467 

have known nothing of this movement, and probably did 
not until after the action of the Convention. The whole 
design originated where all the other abominable measures 
of the administration towards Kansas had their origin, in 
the treasonable brain of Jefierson Davis. It was a move- 
ment of the rabid pro-slavery men to either fasten slavery 
on Kansas, or to inaugurate a war that would eventuate in 
a disruption of the Union. 

The leading features of this constitution were, that the 
boundaries of the State should be the same as those of the 
Territory, by the organic act ; that the Legislature should 
have no power to interfere with the right to slave property 
held by the present inhabitants or future emigrants, and 
that the constitution could not be amended, altered or 
changed, until after the year eighteen hundred and sixty- 
four; "that free negroes shall not be permitted to live in 
the State, under any circumstances." It provided for a 
general election of State officers, in January, 1858. 

The provisions for submitting the constitution to the peo- 
ple for their ratification or rejection, amounted to nothing 
more than a farce. The president of the Convention was 
to have complete control of the election. He was to ap- 
point county commissioners, who were to appoint judges in 
their respective precincts ; was to receive the returns, ex- 
amine them and declare the result. " All the white male 
inhabitants of the Territory of Kansas, in the said Terri- 
tory" upon the day of election, were to be entitled to vote ; 
"the judges of said election shall cause to be kept the poll 
books by two clerks, by them appointed. The ballots at 
said election shall be endorsed, ' constitution with slavery,' 
and ' constitution with no slavery.' One of the poll books 
shall be returned within eight days to the President of the 
Convention, and the other shall be retained by the judges 
of election, and kept open for inspection." If a majority 
of the votes cast should be " constitution with slavery," the 
President of the Convention was then to send the constitu- 



468 HISTORY OF KANSAS TERRITORY. 

tion to Congress. If a majority of votes cast should be 
" constitution with no slavery," then the clauses relating to 
slavery were to be stricken out, and slavery was not to exist 
in the State, except that the right of property in slaves in 
the Territory should not be interfered with, and the consti- 
tution was then to be transmitted to Congress. 

Thus it will be seen that this process of submission, af- 
forded no opportunity to reject the constitution entire, nor 
any assurance that the election would be conducted without 
fraud and dishonesty. The whole matter was in the hands 
of John Calhoun, the President of the Convention. He 
was an intense partisan and void of moral honesty; Sur- 
veyor-General, in the employ of the United States, and thus 
not strictly a citizen of Kansas. Through his office he con- 
trolled a vast patronage in the Territory, and wielded his 
influence with the money of the Federal Government to 
make Kansas a slave State. The only qualiflcation of an 
elector required, as to residence, was his presence in 
the Territory, on the day of the election, thus offering a 
fair and legitimate opportunity for the Missouiians to in- 
dulge their passion in coming over to vote at Kansas elec- 
tions. Besides, if the slavery clause should be rejected then 
all objections to the constitution would not be removed. In 
the first place the convention had its origin in fraud. The 
delegates who framed the constitution did not represent the 
people of the Territory, or at least only a very small por- 
tion of them, and as an evidence of the people's feelings 
towards them, the United States troops were required to 
protect the convention during its sitting, and the expression 
of popular indignation was loud and full against its mem- 
bers. Most of the counties had no show of representation, 
and even the delegates from those counties, whose election 
was not regular, though no fault of their own, were rejected 
seats in the convention. There were other objectionable 
features in the constitution than slavery. Free negroes 
were to be excluded contrary to the Constitution of the 



1857.] LECOMPTON CONSTITUTION. 46P 

United States, a person to be eligible to the office of Gov- 
f-rnor must have resided in the United States twenty years, 
the banking law was defective, were objections held by dif- 
ferent individuals. 

There being no chance for a fall and fair expression ot 
opinion, no guaranty that the election would be honestly 
conducted, the free state men refused to participate in the 
election upon the adoption or rejection of the constitution. 

It was now plainly an unfortunate occurrence that the 
free state men did not contest the election on the 15tli of 
Junq. Had they promptly and vigorously attended to the 
registration, seen that it was properly made, the list cor- 
rected as prescribed by law, and then mustered their forces 
at the election, they could have obtained control of the 
Constitutional Convention, prepared such a constitution as 
tliey desired, had it properly submitted to the people, foi-- 
warded it to Congress, and thus passed safely and smoothly 
into the Union, as a tree and independent State. But wo 
have noticed the reasons that controlled their action, which 
justify their course. 

Their situation now was most alarming and critical. A 
(constitution had been framed by a body having no connec- 
tion with more than four-fifths of the legal voters in Kan- 
sas, which had excluded this portion from any fair, full 
and legal expression of opinion in regard to that instrument, 
and was about to be forwarded to Washington, where, in 
all probability, it would receive the sanction of Congress, 
and thus be made the foundation for a permanent govern- 
ment in the Territory. It was, indeed, a high-handed out- 
rage and audacious oppression, under the assumed cloak of 
law and order, whereby slavery should stalk into the legis- 
lative halls of the nation, and place her darkened diadem in 
the crown of the infant State. 

Never in the history of enlightened nations were the 
rights of a people more daringly invaded ; never did a com- 
munity more fully appreciate their wrongs nor oppression 
57 



470 HISTORY OF KANSAS TERRITORY. 

provoke such fearful hostility. High-handed injustice and 
fraud, backed by the power of the United States, had 
openly seized and held the legislative control of the Terri- 
tory, and had marked their reign with untold misery and 
suffering, l^ow, the twin monsters, with brazen audacity, 
were in the presence of this outraged people, guarded by 
United States troops, deliberately shaping and framing a 
permanent State Government to saddle upon them, and thus 
forever bind them down by all the power of the Federal 
Government. 

Let not posterity be startled then, when they read of the 
awful measures which some of the people of Kansas con- 
templated in order to rid themselves of oppression. They 
united together in secret order and then, like Hannibal on 
the walls of Carthage, swore eternal hostility to the Le- 
compton Constitution. They thus pledged themselves to 
oppose, by all the means which might afford a prospect of 
success, the effective operation of this State Government. 
Rather than see it go into effect, they were to muster their 
force and slay every one who sought to uphold it. And 
there was a deeply laid plot, should the State be admitted 
under the Lecompton Constitution, and the election de- 
clared in favor of pro-slavery men, to assassinate the Ter- 
ritorial and State officers, and thus leave the whole ma- 
chinery of government powerless. This organization was 
not extensive, but it shows the spirit of the people who 
were a unit in their determination to resist by all the means 
in their power the active preparation of the Lecompton 
Government. 

But the free state men had other reasons for alarm than 
those before mentioned. I^Tever was there a more damna- 
ble and stupendous scheme of outrage and oppression orig- 
inated in the minds of men than the Lecompton movement. 
After the election of State officers under it, and the elec- 
tion returns inspected by the Governor, Speaker of the 
House and President of the Council — Calhoun, the Presi- 



1857.] LECOMPTON CONSTITUTION. 471 

deut of the convention, refused to declare the result on the 
plea of awaiting further returns, but with the evident view 
of awaiting the action of Congrcvss. When the constitu- 
tion should be received b}'' Congress and the State admitted, 
he would have declared the result of the election in favor of 
pro-slavery officers, by allowing certain fraudulent returns. 
It was then the purpose of Missourians and their friends to 
uphold these officers in the exercise of their functions, at 
the point of the bayonet, and thus carry the Government 
into effect. Should free state men oiler resistance, they 
were to be exterminated, overrun and trampled under foot, 
by an army of invadei-s from Missouri and the Southern 
States. 

That the Lecompton swindle anticipated these measures, 
admits of little doubt. Spies from the secret societies of the 
Eorder reported these facts to the free state men — spies who 
had truthfully reported other hellish schemes of the Ruffians 
in advance of their execution — all of which was confirmed 
by the conduct of the convention of pro-slavery men, and 
of Calhoun in withholding an official announcement of the 
election returns. 

About the middle of Xovember, Governor Walker went 
to Washington, to consult the Administration in reference 
to the Constitutional Convention. On arriving there, he 
had many long and animated interviews with the President, 
but all conducted with the most friendly feeling. lie told 
the President that he could not, consistently with the 
pledges he had given to the people of Kansas, agreeable 
with the instructions from his Excellency, favor the action 
of the Lecompton Convention. He gave a history of the 
wrongs and frauds that had been perpetrated upon the citi- 
zens of this Territory, explained his action in reference to 
the election frauds, declared that four-fifths of the legal 
voters in Kansas were opposed to the Lecompton Constitu- 
tion, in whole or in part, that he could not, without per- 
sonal dishonor and disgrace, favor the mode in which this 



472 HISTORY OF KANSAS TERRITORY. 

document was submitted to the ratification or rejection of 
the people. It was a proud and sublime spectacle ! Mr. 
Buchanan wavered, and feared the party wliich had put him 
in power. He acknowledged that he had no other idea 
than that the constitution would be fully and fairly sub- 
mitted to the people, when he gave his instructions, but 
declared that he had no right to dictate to the convention a 
course of action. Governor Walker said he would plant 
himself firmly upon the principles of the Democratic party 
and Popular Sovereignty, and, with the Constitution of his 
country and tlie Organic Act of the Territory in his hands, 
would go before the world and make his defense. He 
aifirmed that " to force this constitution upon the people of 
Kansas, without their voice being heard for or against it, 
would be followed by rebellion and bloody civil war." 

The President, however, in the face of his clear and un- 
denied instructions and assurances* to Governor Walker, 
that the Lecompton Constitution should be submitted to 
the action of the people by a fair and full election, un- 
marked by fraud or violence, favored the conduct of 
the convention which framed it, in his message to Con- 
gress. He took the ground that '' the Kansas-]Srebraska act 
did not require the submission of any portion of the con- 
stitution to an election, except that which relates to the do- 
mestic institution of slavery.'' 

Governor Walker, therefore, tendered' his resignation, set- 
ting forth at length the reasons which impelled him to take 

* The President, in his celebrated letter written on the 12th of July. 1857, to Gov- 
ernor Walker, said : 

"On the question of submitting the constitution to the bona fide resident settlers of 
Kansas, I am willing to stand or fall- In sustaining such a principle, we cannot fall. 
It is the principle of the Kansas-Nebraska Bill; the principle of Popular Sovereignty, 
and the principle of all pupular government. The more it is discussed, the stronger it 
■will become. Should the convention of Kansas adopt this principle, all will be settled 
harmoniously, and with the blessing of Providence, you will return triumphantly from 
your arduous, important .and responsible mission-" 

This letter was written in reply to one from Governor Walker, in which he de- 
el ared that "without that (submission of the constitution) civil war would soon b<» 
raging in Kansas." 

U) December 6. 



1857.] LECOMPTON CONSTITUTION. 473 

that course. He was unwilling to embarass the President 
by retaining his position, or to throw upon him the respon- 
sibility of his removal. He could not favor the action of 
the Lecompton Convention, because of his oath to support 
the Constitution of the United States, and the Organic Act, 
and the solemn pledges to the people of the Territory that 
he would oppose its action if the constitution was not prop- 
erly submitted for ratification or rejection by them. In his 
letter accompanying his resignation, he says : 

" Indeed, disguise it as we may to ourselves, under the 
influence of the present excitement, the facts will demon- 
strate that any attempt by Congress to force this constitu- 
tion upon the people of Kansas will be an eflort to substi- 
tute the will of a minority for that of an overwhelming- 
majority of the people of Kansas ; that it will not settle the 
Kansas question, or localize the issue ; that it will, I fear, 
be attended by civil war, extending, perhaps, throughout 
the. Union, thus bringing the question back again upon 
Congress and before the people in its most damaging and 
dangerous aspect. 

"The President takes a diflerent view of the subject in 
his message, and from the events occurring in Kansas, as 
well as here, it is evident that the question is passing from 
theories into practice, and that as Governor of Kansas, 1 
should be compelled to carry out my new instructions, dif- 
fering on a vital question from those received at the date of 
my appointment. Such instructions I could not execute 
consistently with my views of the Federal Government and 
of the Kansas-Xebraska bill, or with my pledges to the peo- 
ple of Kansas. Under these circumstances no alternative 
is left, but to resign the office of Governor of the Territory 
of Kansas." 

Secretary Stanton, who was acting Governor after Gov- 
ernor Walker left, witnessing the almost universal feeling 
of disapprobation towards the Lecompton Constitution and 
the measures adopted to force it upon the people, as ex- 
pressed in the resolutions of their numerous conventions, 
and in nearly every paper in the Territory, and strongly 



474 HISTORY OF KANSAS TERRITORY. 

urged to the measure by most of the leadiug men in Kan- 
sas, issued his proclamation, (December 1), convening the 
Legislature in extra session on the 7th of December. His 
reasons were thus expressed in his message to that body : 
"From representatives of majorities of your own bodies, 1 
have reasons to know that recent events have produced a 
profound agitation of the public mind, and that a sense of 
wrong and injustice, whether well or ill-founded, and an ap- 
prehension of great evils to be suffered therefrom, have 
aroused the people of the Territory to a condition of dan- 
gerous excitement. The proceedings of the late Constitu- 
tional Convention are the immediate cause of the existing 
trouble and alarm." 

It was hoped, therefore, that a remedy for existing diffi- 
culties might be found in assembling the Legislature. But 
what was the proper course for it to pursue in order to re- 
lieve the people of the Territory from their present embar- 
rassments was a question hard to determine. It could not 
interfere with the validity of the convention by repealing 
the act of the former leo:islation bv which it was created ; 
for already the convention had passed upon that act, and 
executed its work. It having completed its labors and ad- 
journed, and having left the constitution in the hands ot 
Mr. Calhoun with proper instructions, was entirel}'' beyond 
the reach of the Legislature. About the only remedy for 
the Legislature to apply, therefore, was to make provisions 
for a full and fair expression of the popular will in regard to 
the constitution. 

The Legislature convened at the appointed time and 
place. C. W. Babcock was elected President of the Council 
and Gr. W. Deitzler Speaker of the House. Hon. F. P. 
Stanton, acting Governor, sent in his message, advising as 
the only available remedy for the existing difficulties, an 
act providing for the re-submission of the Lecompton Con- 
stitution entire^ to a popular vote. Provision for investigating 
the election frauds in Leavenworth county was made and 



I 



1857.] LECOMPTON CONSTITUTION. 475 

upon the report of the committee for that purpose, the 
members who had received seats on their certificates were 
ejected, and their contestants admitted to their places. 

The Legislature repealed the act creating the Lecorapton 
Constitutional Convention, and adopted a joint resolution, 
earnestly protesting against Congress receiving Kansas into 
the Union under the constitution thus formed. Provision 
was made for the submission of the constitution to a fair 
and full vote of the people. Residence of thirty days in the 
State, preceding the election, and ten days in the county 
where the elector offers his vote, was made a necessary 
qualification for a legal voter. Those voting for the con- 
stitution with slavery, were to mark their ballots, "For the 
Constitution framed at Lecompton with slavery." Those 
voting for the constitution and against slavery, were to 
mark their ballots, "For the Constitution framed at Le- 
compton, without slavery," and those voting against it en- 
tire, were to have their ballots marked, " Against the Con- 
stitution framed at Lecompton." Any person voting 
illegally at this election was to be deemed guilty of felony, 
and, upon conviction thereof, were to be fined not exceeding 
five hundred dollars, or imprisoned for a term not longer 
than one year. An act was likewise passed, providing for 
punishing election frauds; one to organize and regulate the 
militia of the Territory, and one repealing the act to punish 
rebellion. The Legislature, by joint resolution, memorial- 
ized Congress to admit Kansas into the Union under the 
Topeka Constitution, as being agreeable to the wishes of 
the chief part of the inhabitants of the Territory. After 
having thus provided, as far as it could, against the dangers 
threatening the rights of the people, the Legislature, on the 
17th of December, adjourned. 

Towards the latter part of the session. Secretary Stanton 
received notice of his removal, and General Denver, who 
was at Lecompton at the time, connected with Indian af- 
fairs, received his appointment as Secretary and acting 



476 HISTORY OF KANSAS TERRITORY. 

Governor of the Territory. The President, the moment he 
heard of Mr. Stanton's having called an extra session of 
the Legislature, determined upon his removal. It created 
great excitement at Lecompton on reception of the news, 
and much feeling was manifested against General Denver, 
whom many regarded as a kind of spy, or secret agent of 
Buchanan. But the}^ were not long in getting acquainted 
with him. They found him kind, affable and easily ap- 
proached, lie at once, by his quiet and easy way, displaced 
all resentment by the feelings of respect and esteem. All 
felt that he was no tyrant, and at the same time no fool. 
Confidence at once animated the free state men, and they 
rallied around their new Governor to hold up his hands. A 
full account of his life will be given in the next chapter. 

The election on the slavery cause in the Lecompton Con- 
stitution came off on the 21st of December. The vote, as 
announced by Mr. Calhoun, stood, " constitution with sla- 
very," 6,226 ; " constitution with no slavery," 569. The 
Missourians came over in large numbers and voted at 
the precincts on the Border. According to the qualifications 
determined by the convention, their presence at the polls 
rendered them legal voters. By the report of the commis- 
sioners, appointed by the following Legislature to investi- 
gate the frauds practiced at this election, and that of the 
4th of January, it was shownthat the following illegal votes 
were cast : At Kickapoo, 700 ; at Delaware City, 145 ; at 
Oxford, 1,200 ; at Shawnee, 675, making a total of 2,720 
illegal votes proven to have been cast ; how many more 
were polled was never determined. Deducting the number 
of votes against the slavery clause and the number of ille- 
gal votes above mentioned, leaves a majority in favor ot 
the "constitution with slavery" of 3,506 votes. 

The Lecompton Constitution was legally and properly 
submitted on the 4th of January, according to the provis- 
ions of the recent Legislature. It was the first fair and full 
election in the Territory, so far as free state men were con- 



1857.] LECOMPTON CONSTITUTION. 477 

cerned. The radical pro-slavery men did not participate m 
it, but many of the more conservative voted against the 
Constitution. The returns show "against the Leconi])ton 
Constitution," 10,220; "for the Lecompton Constitution 
with slavery," 138 ; "for tlie Lecompton Constitution with- 
out slavery," 24. 

This exhibits the feelings of all classes and parties to- 
wards the Constitution. Pro-slavery papers were in many 
instances opposed to this high-handed fraud, and all that 
loved honesty and justice denounced it. At a convention 
of the Democracy in Leavenworth, on tlie 24th of Decem- 
ber resolutions were passed bitterly denouncing the action 
of the Constitutional Convention, sustaining Walker and 
Stanton, and resolutions highly conciliating to Northern 
Democrats. They likewise memorialized Congress not to 
admit Kansas into the Union under the Lecompton C'on- 
stitution. 

The TJiirty-Fifth Congress convened on the 7th of De- 
cember. The President in his message took grounds in 
favor of the action of the Constitutional Convention and 
recommending the admission of Kansas into the Union 
under the Lecompton Constitution. He based his argument 
in reference to the mode of submission upon the Organic 
Act, which he'declared required no other part of that docu- 
ment submitted to the vote of the people than slavery. 

The Kansas difficulties soon engaged the attention of 
Congress. A bill was ^e'^ii'ly introduced in the Senate by 
Douglas, authorizing the people of Kansas to frame a 
State Constitution ; but, pending its discussion on the 2d 
of February, President Buchanan transmitted to that body 
the Lecompton Constitution, accompanied by a message 
recommending its acceptance. He most bitterly denounced 
the free state movement and strongly supported the action 
of the Constitutional Convention. The message and con- 
stitutional documents were referred to the Committee on 
58 



478 HISTORY OF KANSAS TERRITORY. 

Territories in the Senate, and in the House to a select 
Committee of fifteen. 

Mr. Green, of Missouri, presented the majority report in 
the Senate, warmly recommending the admissiou of Kan- 
sas under the Lecompton Constitution. It Avas lilled with 
falsehoods and misrepresentations, bitterly denouncing the 
free state men as a factious minority, and strongly sustain- 
ing the action of the Constitutional Convention which, 
it declared, was under no obligation to submit any portion 
of the constitution to the ratification or rejection of the 
people. Mr. Douglas, from the same Committee, offered a 
minority report, adverse to the Constitution, on the grounds 
that there was no satisfactory evidence that it was the act 
and deed of the people of Kansas, or that it embodied their 
will, and defended his position with great power and elo- 
quence. He argued at length its opposition to the spirit 
and letter of the Kansas-Xebraska act. A minority report 
was also presented by ISIessrs. Collamer and Wade, oppos- 
ing the acceptance of the Constitution by Congress and re- 
viewing the systematic and oft-repeated frauds and wrongs 
inflicted upon the people of that Territory. 

Hon. A. H. Stephens, from the Select Committee of Fif- 
teen, presented the Majority report, which warmly favored 
the admission of Kansas under the Lecompton Constitution. 
This committee refused an investigation of facts by taking 
depositions and examining records, but accepted the re- 
presentations of J. C. Calhoun, the president of the conven- 
tion. A minority report, signed by seven members, was 
presented by Mr. Harris, condemning the action of the 
Committee for not investigating the facts and adverse to 
the Constitution. They presented the report of the Com- 
missioners appointed by the Territorial Legislature, to in- 
vestigate the election frauas, by which the constitution was 
adopted. 

At the same time Mr. Green submitted his report, he in- 
troduced a bill providing for the admission of Kansas into 



1857.] LECOMPTON CONSTITUTION. 479 

the Union under theLecomptou Constitution, which elicited 
a warm debate. On the 23d of March Mr. Crittenden of- 
fered as a substitute, a bill admitting Kansas with the con- 
dition precedent, that the Lecompton Constitution be sub- 
mitted to the people of the Territory and properly ratified 
by them ; in case it should be rejected, then they were em- 
powered to make one to suit themselves. This substitute 
was lost by 24 yeas to 34 nays, and upon the same day the 
original bill slightly amended was passed by 33 yeas to 2.5 
nays. Upon going to the House this bill was amended by 
striking out all after the enacting ciause and inserting the 
substitute of Mr. Crittenden, and passed by a vote of 120 
yeas to 112 nays. The Senate refused to concur in this 
amendment, and called for a Committee of Conference with 
the House; to which the latter, after some parliamentary 
maneuvering, agreed. Ujion this (committee the Senate ap- 
]>()inted Messrs. Green, Hunter and Seward ; the House, 
Messrs. English, Stephens and Howard. Their report, from 
which Seward and Howard dissented, recommended a sub- 
stitute for the amendment of the House what was generalh' 
known as the English bill. Their recommendation was ac- 
quiesced, in April -30, 1858, by both branches of Congress, 
by a vote of 112 to 103 in the House, and 31 to 22 in the 
Senate — a clear pro-slavery majority. 

The English bill provided for the admission of Kansas 
under the Lecompton Constitution, upon the condition 
])recedent, that the said constitution, at a fair and full elec- 
tion, held for that purpose, should be ratified by the people 
of Kansas. In case of its ratification the President should 
so announce the fact and promulgate the admission of tlie 
State by proclamation ; in case the constitution should be 
rejected by the people, it should " be deemed and held that 
the people of Kansas do not desire admission into the Union 
with said constitution and the conditions of said proposi- 
tion ; in which event the people of Kansas are empowered 
to form for themselves a Constitution and State Govern- 



480 HISTORY OF KANSAS TERRITORY. 

inent, and may elect delegates for that purpose, whenever, 
and not before it is ascertained by a census, duly and legally 
taken, that the population of said Territory equals the ratio 
of representation required for a member of the House of 
Representatives, (93,560), and whenever thereafter such del- 
egates shall assemble in convention, they shall first de- 
termine by a vote wliether it is the wish of the proposed 
State to be admitted into the Union at that time, and if so, 
shall proceed to form a constitution." 

This bill contained a proposition from Congress, in the 
Avay of large land grants in case the constitution should be 
accepted, which had all the appearance of a bribe to the 
people. Sections 16 and 36, of each township, seventy-two 
sections for a State University, ten sections to pay for public 
buildings, amounting in all to 5,500,000 acres of land, would 
be thus donated to the State. Besides this enormous be- 
quest, the Sta.te should have all salt springs within her 
boundary, not exceeding twelve in number, and six sections 
of land for each, and five per cent, of proceeds arising from 
sales of public lands for the construction ot State roads. 

This was a scandalous proposition to the people of Kan- 
sas. Having failed to force the constitution upon the new 
State b}' fraud, they attempted to secure its success by the 
ofi;er of a magnificent bribe, and by rendering it almost im- 
possible for the State to be otherwise speedily admitted. 

Every means was employed in Congress to force the Le- 
compton Constitution through. Money and ofl&ce were 
freely oft'ered to induce members to favor it, while proscrip- 
tion from the Democratic ranks, and ousting from office, 
was threatened those who should oppose it. It had its 
birth-place at Washington, in corruption, and when it re- 
turned to the place of its nativity, was zealously cared for 
in a characteristic manner. The hideous corruption and 
foulness of the Lecompton Constitution, was frightfully re- 
vealed in the investigation ordered by Congress, in 1860, 
under Judge Covode. The following is the summary of 



1857.] LECOMPTON CONSTITUTION. 481 

the Committee's report, with reference to the Lecompton 
measure : 

" Your committee first direct the attention of the House 
to that portion ot tlie testimony which relates to the Kansas 
poHcy of the present Administration of the government. 
The patriot will mourn, the historian w^ill pause with as- 
tonishment, over this shameless record. Accustomed as the 
American people are to the errors and crimes of those in 
power, they will read this exposure with feelings of un- 
mingled indignation. The facts revealed by the testimony 
prove conclusively — 

"1. The emphatic and unmistakable pledges of the 
President, as well before as after his election, and the 
pledges of all his cabinet to the doctrine of leaving the peo- 
ple of Kansas ' perfectly free to form and regulate their 
domestic institutions in their own way.' 

" 2. The deliberate violation of this pledge, and the at- 
tempt to convert Kansas into a slave State by means of 
forgeries, frauds and force. 

''3. The removal of and the attempt to disgrace the 
sworn agents of the Administration, who refused to violate 
this pledge. 

"4. The open employment of money in the passage of 
the Lecompton and English bills through the Congress of 
the United States. 

" 5. The admission of the parties engaged in the work of 
electioneering those schemes, that they received enormous 
sums for this purpose, and proof in the checks upon which 
they were paid by an agent of the Administration. 

" 6. The offer to purchase newspapers and newspaper 
editors by offers of extravagant sums of money. 

" 7. And finally, the proscription of Democrats of high 
standing, who would not support the Lecompton and Eng- 
lish bills." 



482 HISTORY OF KANSAS TERRITORY. 



CHAPTER XLIY. 

LEGISLATURES. 

At the same time tliat the free state men voted upon the 
constitution, an election was held for State officers and 
members of the Leojislatnre, preparatory to the admission 
of Kansas as a State, according to the provisions of the Le- 
compton Constitutional Convention. 

The pro-slavery men, under the specious name of Democ- 
racy, assembled in convention at Lecomptou on the 7th of 
December, for the purpose of nominatiusi: candidates to the 
State offices. Much confusion prevailed in their ranks and 
a large number withdrew from the convention. They 
adopted resolutions endorsing the Lecompton Constitutional 
Convention, denouncing Governor Walker and Secretary 
Stanton, lauding Buchanan and reaffirming their adherence 
to the platform laid down by their party in January, 1857. 
Thej^ declared " that prior to the advent of AValker and 
Stanton in our midst, the Democracy of the Territory were 
united and harmonizing;" that "since their arrival all their 
efforts have been directed to serving disunion in our ranks 
Avith a view to further their own ambitions schemes." The 
following ticket was nominated : Governor, F. J. Marshall, 
of Marshall County ; Lieutenant Governor, TVilliam G. 
Mathias, of Leavenworth ; Secretary of State, W. T. 
Spicely, of Douglas County ; Auditor, Blake Little, ot 
Bourbon County; Treasurer, T. J. B. Cramer, of Douglas 
County ; Congress, Joseph P. Carr, of Atchison. 



1857.] LEGISLATURES. 483 

It was a question of considerable discussion among the 
free state men, " Should they contest the election?" In 
case the Territory should be admitted into the Union as a 
State by Congress, it would leave the successful party at the 
election in control of the ; State Government for the next 
four years beyond all legal remedy. On the other hand it 
was extremely odious and humiliating to so far recognize 
the Lecompton swindle as to vote under its appointment 
and control. 

A delegate convention, called and assembled at Law- 
rence, on the 2d of December, for the purpose of considering 
this question, declared, " this election a crime and a mis- 
demeanor against the peace of the Territory and the will of 
the majority ;" that they re-endorse the Topeka Coustitu- 
tian and that after it receives the sanction of the people at 
an election appointed by the present Legislature, they " will 
maintain it against all opposition." 

The design in calling this convention was to determine 
whether free state men should vote at the State election 
about to be held; but as the Governor had, between the 
calling and the assembling of the convention, issued his 
proclamation convening the Legislature in extra session, 
when the delegates met, they hoped that the Legislature 
might find a remedy to relieve their present embarrass- 
ment and danger and, hence, they adjourned without taking 
any decisive action upon the subject. It w^as manifest, 
however, that a majority were opposed to voting at the 
January election. 

But the Legislature having assembled and found itself 
utterly unable to remove the difficulties, at the call of the 
Chairman of the Territorial Executive Committee the free 
state convention again convened on the 23d of the same 
month and for the same purpose as on the former occasion. 
It remained in session two days, during which time the dis- 
cussion was interesting and lively. The vote was taken on 
the second day in reference to participating in the coming 



484 HISTORY OF KANSAS TERRITORY. 

election; forty-seYen recording their votes in favor of it 
and forty-four against it. "But by an arrangement the 
vote was counted by districts, by which one or more per- 
sons cast the entire vote of his district. In tliis manner 
the result was declared sixty- four yeas, to seventy-iive nays, 
and upon this report the convention refused to contest the 
election." 

An incident occurred during this convention, that well 
illustrates the political tactics ot General Lane. Those in 
favor of contesting the election, had been sanguine of carry- 
ing their point, and everything indicated that they would 
be successful, until shortly before the convention adjourned. 
The debate had been intensely earnest and exciting. Gene- 
ral Lane readily saw that the non-contestants were defeated 
in debate. With a ready ingenuity, he contrived and dex- 
terously executed a piece of strategy. Just before the con- 
vention took a final vote upon the question of contesting 
the election, a messenger, urging forward a jaded and foam- 
ing steed, came riding into town, and inquired in a hurried 
and excited manner for the convention. He soon stood 
upon the platform before that body, trembling, and appar- 
ently almost exhausted with fatigue, and related, in a seem- 
ingly very truthfal manner, that the Border liufdans had 
begun the war of extermination in south-eastern Kansas, 
that they had routed the free state forces with great 
slaughter, and were laying waste the country with fire and 
sword, and that he had ridden night and day to receive as- 
sistance at their hands. Then in the most dramatic style 
asked, " Will you stand here idly debating an election ques- 
tion, while your brethren, weakened and disorganized, with 
homes made desolate and families scattered, are calling for 
help ?" After a speech from Lane, of the wildest sublimity, 
the convention, in some confusion and excitement, voted 
upon the main question, with the result as before shown. 

Many were not satisfied with the result of the conven- 
tion's deliberations, feeling that it had been imposed upon 



1858.] LEGISLATURES. 485 

l)y political schemers. Immediately upon its adjonrument, 
a few of tliis class met in G. W. Brown's cellar kitchen, in 
what they called " mass convention," but which their op- 
ponents denominated "Bolter's Convention." They resolved 
to participate in the election, and, in an address to the 
public, urged upon all opposed to the Lecompton Constitu- 
tion, to unite with them in electing the candidates nomi- 
nated by that convention. The following is their ticket of 
nominations : Governor, G. W. Smith ; Lieutenant-Gover- 
nor, W. Y. Roberts; Secretary of State, P. C. Schuyler; 
Treasurer, A. J. Mead ; Auditor, J. Iv. Goodin ; Congress, 
M. J. Parrott. These candidates pledged the Convention, 
that in case of their election and the admission of Kansas 
into the Union under the Lecompton Constitution, "to 
adopt and execute immediate measures for enabling the 
people, through a constitutional convention, to obtain such 
a constitution as the maj^ity will approve." It was the 
distinct and explicit understanding, that if these candidates 
were elected, they should never act officially under the Le- 
compton government. 

Seeing a desire and determination on the part of a large 
portion of the citizens to participate in the election, local 
conventions were held, and generally those not opposed to 
the October election united to help elect the ticket of the 
"■ Bolters." 

This election, like that of October, resulted decidedly in 
favor of the free state men. They elected the State officers 
by the following majorities: Governor, 330; Lieutenant 
Governor, 501; Secretary of State, 301; Treasurer, 371; Au- 
ditor, 304 ; Representative in Congress, 696. For the Sen- 
ate they elected 13 members, Avhile the opposite party 
elected but 6 ; for the House they elected 29 members, pro- 
slavery men 15. The free state Governor received 6,875 
votes, and his opponent 6,545, of Avhich more than half were 
fraudulent. Says the President of the Council and Speaker 
of the House, who witnessed with Governor Denver the 
59 



486 HISTORY OF KANSAS TERRITORY. 

counting- of the votes, in announcing the result, " This tri- 
umph was accompUshed by a party greatly distracted on the 
subject of voting under a constitution that they hate, and 
loath, and abhor, to the centre of their hearts, with a short 
and imperfect notice that failed to reach many of the more 
distant districts. These causes together, it is safe to say, 
reduced the free state vote to the extent of 5,000 votes." 

The State officers thus elected immediately prepared a 
memorial to Congress, urging upon that body not to admit 
Kansas into the Union under the Lecompton Constitution. 

The free state Legislature assembled at Topeka on the 
5th of January, and organized by electing Harris Stratton 
Speaker of the House and J. R. Root President of the Sen- 
ate. Governor Robinson sent in his message in which he 
urged that the State organization should be preserved in- 
tact, ready for any emergency. The second day they ad- 
journed to Lawrence, where they hoped to constrain the 
Territorial Legislature to remove all legal obstructions to the 
practical establishment of the State government. The de- 
sign was to have the Missouri code of laws repealed, and a 
new one enacted by the Territorial Legislature, which the 
General Government recognized as legitimate, and for it 
then to give way to the active and practical application of 
those laws by the State organization, " thus making the 
former a stepping stone to the latter." 

On arriving at Lawrence they presented the following 
communication, which had passed the House and Senate, 
to the Territorial Legislature : 

"Whereas, The people of Kansas, in the absence of any 
legitimate government, originated at Topeka, on the 23d 
day of October, 1855, a State constitution, and, subse- 
quently, elected officers under the same ; and 

"Whereas, The people have, on certain occasions, affirmed 
and re-affirmed said constitution and government, and have 
elected the present State officers and Legislature, in order 
to maintain said State organization as the government for 
the State of Kansas ; therefore, 

" Resolved, By the House of Representatives of the State 



1858.] LEGISLATURES. 487 

of Kansas, ( the Senate concumng, ) That we at once pro- 
ceed to complete the organization of the State government 
under the constitution, and enact such laws as the necessi- 
ties of the people seem to demand. And, 

" Bcsolved, I^ow, as heretofore, the Federal authority 
represented in the Territorial laws and Territorial Legisla- 
ture, is an obstacle to the successful execution of the will of 
the people through the State government, under the State 
constitution ; therefore, 

" Bcsolved, That we respectfully urge the General Assembly 
of the Territory of Kansas, now in session at Lawrence, to 
take immediate steps to remove the forms of a Territorial 
government, so that it shall not obstruct and embarrass the 
State Government. 

^'■Besolved, That the Speaker of the House cause a copy of 
these preamble and resolutions, properly authenticated, to 
be laid before the Council and House of Representatives of 
the General Assembly of the Territory of Kansas ; and we 
respectfully request them to give it their earliest considera- 
tion, and that they send a reply to the respective oiEcers of 
the two branches of the State Legislature." 

In the Council, Mr. Harding, Chairman of the Special 
Committee, to wliom was referred the memorial of the State 
Legislature, submitted the following report : 

" The committee, to whom was referred the memorial of 
the State Legislature, now in session in Lawrence, having 
had the subject matter therein contained under considera- 
tion, beg leave to submit the following report : That we will 
manifest our readiness to accede to their wishes, so far as 
we can do so consistently with the views which we entertain 
of our duty to our constituents and to our country, by 
adopting such measures, as soon as practicable, as, in our 
judgment, may meet with the hearty concurrence and sup- 
port of the people of Kansas. But, under the embarrassing 
circumstances in which we are placed, by the complicated 
condition of political affairs in Kansas, and the relation in 
which we stand to the Federal Government; the uncertainty 
existing with regard to the policy indicated by the Con- 
gress of the United States towards us; in view of the un- 
derstanding which we have of the wishes of our consti- 
tuents, and regarding, as we do, the peace, well being and 



488 HISTORY OF KAJSfSAS'TEERlTOKY. 

general welfare of Kansas, as of paramount importance ; 
and in view of the fact that the Territorial Legislature is 
the only legal, law making power in Kansas acknowledged 
by the General Government, we can not consent to set aside 
the form of the Territorial Government until further de- 
velopment may seem to render it necessary. 

" Submitted, B. Harding, 

'- C. K. HOLLIDAY." 

Air. Mead, from the same committee, made the following 
minority report : 

" The committee to whom was referred the petition in 
the form of concurrent resolutions, from the State Legisla- 
ture, now in session in Lawrence, ask leave, respectfully, to 
state that they have had the same under consideration, and 
can not concur in the views of the petitions expressed, and 
said concurrent resolutions, respecting the position of the 
present Territorial Legislature, declaring it to be an ob- 
struction to the successful execution of the will of the peo- 
ple; and, in view of the complex character of the various 
(questions which are now before the people of this Terri- 
tory, your committee feel that there is great necessity for 
wise and just legislation ; and further state, that it is the 
opinion of your committee, any action at the present time 
favoring the policy embodied in said resolutions, would be 
unwise, and in couHict with the legitimate purposes of this 
Legislature. 

" Respectfully submitted, Andrew J. Mead." 

In the House, Mr. Cooper, chairman of the select com- 
mittee, to whom was referred the concurrent resolutions of 
the I'ree State Legislature, submitted the following report : 

" The select committee, to whom was referred the concur- 
rent resolutions ol the Free State Legislature, under the To- 
peka Constitution, would, in accordance with the instruc- 
tions of the House, respectfully report the following resolu- 
tion : 

" Resolvcdy That we have every confidence in the wisdom, 
patriotism and prudence of the Free State Legislature ; that 
we believe the movement it represents originated in a pub- 



1858.] LEGISLATURES. 489 

lie necessity, and, that it is their province to take such ac- 
tion in their own capacity, as they may think legitimate 
and proper — they being responsible lor their own action, 
and we not for them. And, as the Territorial Legislature 
is not, legitimately, in a position to dictate or concur in 
their acts, we have only respectfully to reiterate to them 
the course of action which we shall pursue, as clearly indi- 
cated in the resolution passed by this body, to the efiect 
tliat we would proceed to the enactment of an entire code 
of laws, which shall supersede all laws or pretended laws 
passed prior to the special session of this present Legislature. 

"iS. S. Cooper, 
"John Speer, 
"W. P. Badger, 
" E. N. Morrill, 
" IL Miles Moore." 

The report was adopted, and ordered to be spread upon 
the journal, 

The State Legislature, after remaining in session about 
ten days at Lawrence, and having received the above re- 
plies to their communication, adjourned. Several of its 
members were also members of the Territorial Legislature, 
and thus their duties in both branches conilicted. 

On this account, and there being: nothing for them to do 
until the Territorial Legislature should take favorable ac- 
tion on their request, they adjourned, with the understand- 
ing that, should measures be taken for the effective opera- 
tion of the State government, they would meet in regular 
session on the 4th of March. 

General James AVilliam Denver was born on the 23d day 
of October, 1817, in Frederick County, Virginia. Ilis 
parents emigrated to Ohio in the year 1831, and located in 
Clinton County, in the spring of 1832. The family con- 
sisted of four sons and six daughters, all of whom lived to 
the age of man and womanhood, since which period two of 
the daughters died. His father was a farmer, and brought 
up his son on the farm, giving him the advantage of the 
neighborhood school, (being very fond of books himself,) of 



490 HISTORY OF KANSAS TERRITORY. 

a miicli better library than is usually found in farm houses. 

At the age of twenty-one James had a severe attack of 
rheumatism, caused by exposure and hard labor on the 
farm. This induced him to look around for some other 
means of making a livelihood. Having acquired a pretty 
thorough knowledge of civil engineering, theoretically and 
practically, he went to Missouri in the spring of 1841, to en- 
gage in that profession ; but being unable to get a contract for 
surveying public lands, he took charge of a school in the 
north-western part of Clay County, in that State, at what 
was known as Hartsel's School-house, and while there boarded 
with Mr. John Eaton. Here he spent one of the happiest 
years of his life, and left it with sincere regret, his associa- 
tions with parents and pupils being of the most agreeable 
cheracter. Having determined to enter the legal profes- 
sion, he returned to Ohio in 1842, and commenced the study 
of law with Griffith Foos, Esq., ot Wilmington, Ohio, and 
graduated at the Cincinnati Law School in the spring of 
1844. Soon after, in connection with R. H. Stone, now of 
Cincinnati, he opened an office at Xenia, Ohio. In the 
spring of the following year, he returned to Missouri, loca- 
ting first atPlattsburg and subsequently at Platte City. 

In the spring of 1847, he was appointed a captain in the 
12th Regiment, IT. S. Infantry, and served to the end of the 
war under General Scott in his campaign in Mexico. After 
its close he returned to Platte City and remained in Platte 
county until 1850, when he crossed the plains to California 
and located in Trinity County, in that State. In 1851 he 
was elected to the Senate of that State. In 1852 he was 
appointed by the Governor, a commissioner upon the part 
of the State to carry provisions across the Sierra IsTevada 
Mountains, for the relief of the emigrants, who were found 
to be in great distress. In 1853, he was appointed Secre- 
tary of State of California, which office he held until Nov- 
ember, 1855. In 1854, he was elected Representative to 
the Thirt^^-Fourth Congress, and took his seat, December 



1858. LEGISLATURES. 491 

1855. Whilst there, he was appointed Chairman of the 
Special Committee on the Pacific Railroad, and prepared 
a bill which relieved it from the opposition it had met with 
before from the most prominent railroad men of the country 
and which was substantially the plan subsequently adopted. 

At the close of the sessions of the Thirty-Fourth Con- 
gress he was appointed Commissioner of Indian Afiairs, and 
entered upon the duties of that office in April 1856. He 
made an important treaty with the Pawnees that year. 
Subsequently he was sent out to make treaties with the 
Indians in Kansas, but before he could conclude them, the 
President became dissatisfied with the administration of 
Hon. F. P. Stanton, Secretary, and acting Governor of Kansas, 
(Governor Walker being then in Washington) and removed 
him, appointing General Denver his successor. 

In the Spring of 1858 Governor Walker resigned, and 
the General was appointed Governor — Hugh S. Walsh suc- 
ceeding him as Secretary. 

In October following he resigned, and returned to Wash- 
ington, arriving in i^ovember. Upon his return to Wash- 
ington the President again tendered to him the position of 
Commissioner of Indian Affairs which he accepted, but 
becoming dissatisfied, he resigned the office and returned to 
California in the spring of 1858. 

He entered the canvass of 18G0 very warmly in favor of 
Mr. Douglas, and was always opposed to secession. 

In 1861, the Legislature of California appointed S. B. 
Smith, Esq., and General Denver, Commissioners on the 
part of the State, to settle and adjust certain claims arising 
out of the Indian difficulties in that State. In June, 1861, 
he left California, and on the 14th of August following, he 
was appointed by President Lincoln Brigadier-General of 
Volunteers, and was ordered to Kansas on duty in the follow 
ing November. In January, 1862, he was ordered to West 
Virginia, and in March of the same year was ordered back 
to Kansas. In the following May, he was ordered to report to 



492 HISTORY OF KANSAS TEERITORY. 

Geii. Ilalleck, at Pittsburgli Lauding, on the Tennessee river. 
He was there put on duty with General W. T. Sherman, on 
the extreme right wing of the army, in the advance on 
Corinth, Mississippi, commanding a brigade of Ohio troops, 
composed of the 70th, 72d, 53d and 48th. regiments. 

After tlie capture of Corinth, he went with General Sher- 
man across to Memphis. On the way, he halted some time at 
Moscow ; from there, marched down and captured Holly 
Springs. He was stationed at, and in command of Fort 
Pickering, Memphis, Tennessee, where he remained until 
l!^ovember, 1862, when the army proposed to move on 
Yicksburg. It arrived below Oxford, Mississippi, from 
whence it was compelled to return, by the destruction of 
the railroad communications between that point and Vicks- 
burg. 

He remained at Lagrange, Tennessee, through the follow- 
ing winter, and resigned in the spring of 1862, to attend to 
his private business. 

After the adjournment of Congress, on March 4th, 1805, 
he formed a copartnership with Hon. James Hughes, of 
Indiana, and Colonel A. J. Isacks, of Kansas, and shortly 
afterwards opened an ofhce for the practice of his profession, 
in Washington, D. C. Colonel Isacks was in bad health, 
and died before being able to return from Leavenworth, 
Kansas. 

The Territorial Legislature convened for regular session 
on the 4th of January, at Lecompton, and organized by 
electing the same President of the Council and Speaker of 
the House, as at the extra session. Secretary Denver's 
message was short, but replete with good sense and valu- 
able suggestions. On the second day the Legislature ad- 
journed to Lawrence and continued its deliberations until 
"the 12th of February. 

On the 21st of January an act was passed to provide a 
Board of Commissioners to investigate the frauds perpe- 
tratated at the last two elections, and empowering them to 



1858.] LEGISLATURES. 493 

subpcena witnesses, employ clerks and other assistants. 
Henry J. Adams, E. L. Taylor, Thomas Ewing, J. B. Ab- 
bott, Ely Moore and Dillan Pickering, were appointed 
members of this board. They faithfully and fully per- 
formed the duties imposed upon them. They began their 
labors on the 19th of January, and closed them on the 15th 
of February. They examined seventy-four witnesses, fully 
and clearly established the frauds, a summary of whose re- 
port we have given. 

Provisions were made for the election of delegates in 
March, to frame a State Constitution a full account of 
which will be given in the proper order of events. 

An act was also passed, locating the seat of government 
at Minneola, then a paper town, a few miles south of 
Prairie City, and granted a charter to this embryo metro- 
polis, enabling the town company to hold two thousand 
acres of land. The Governor vetoed the bill, and, though 
it was passed over his veto, he never recognized it as valid, 
nor did any succeeding Legislature. Corruption marked it 
in the face, and public opinion universally contemned it. 

The Legislature was composed chiefly of men inexperi- 
enced in legislating, and hence they moved slowly and 
awkwardly. Most of their time was consumed upon local 
questions and laws. 

They failed to repeal the Missouri code or remove many 
of its obnoxious features. Even the apportionment of 
members to the Legislature,' which had occasioned so much 
complaint, was not remedied. They followed too closely 
the example of their predecessors, in enacting laws for 
their own pecuniary advantage. They failed to meet the 
expectations of the people, and were subject to much 
censure from all parties. But they had a diilicult task 
in the way of legislation. The greater portion of the 
people had been without law since the organization of the 
Territory. Innumerable enactments had been passed by 
the former Legislatures, some good and some bad, and 
60 



494 HISTORY OF KANSAS TERRITORY. 

it was difficult for young and inexperienced legislators 
to determine how to proceed. They broke the ice, how- 
ever, and opened the way for their successors. They set 
out with the design of enacting a new code of laws, hut 
failed to complete the work laid out, for want of time. 



1854-7.J TROUBLES IN SOUTH-EASTERN KANSAS. 495 



CHAPTER XLV. 

TROUBLES IN SOUTH-EASTERN KANSAS. 

About the time General Denver was appointed Secretary, 
difficulties of an alarming character in L^nm and Bourbon 
counties began to attract attention. The origin of these 
disturbances is coeval with the settlement of that country. 
As in other portions of the Territory, the two antagonisti- 
cal elements — slave-state and free-state — met together there 
to decide the question of supremacy. The Missourians, 
whose autocrats had declared, "Kansas is ours and we will 
have it ; peaceably if we can, forceibly if we must," tak- 
ing advantage of their proximity to the Territory, first 
passed over and took possession of the best claims the 
country afforded. Emigrants from the free States snbse- 
quently came in, either entered upon entirely new |]claima, 
or purchased those which had been previously occupied. 

As Captain James Montgomery is the principal actor in 
the Territorial history of South-eastern Kansas, it is proper 
that a short account of his life and character should be 
given. He was born, December 22 d, 1814, in Astabula 
county, Ohio, of highly respectable parentage, and is cousin 
of General Richard Montgomery, who fell at the storming 
of Quebec. Having received an excellent academical edu- 
cation, he emigrated to Kentucky in 1837, where he engag- 
ed in school teaching. Here he married his first wife, who, 
subsequently dying, he again, after the lapse of a consider- 
able time, entered the matrimonial alliance. In 1852 he 



496 HISTORY OF KANSAS TERRITOEY. 

removed to Pike county, Missouri, where lie remained one 
year and then came to Jackson county, preparatory to en- 
tering Kansas as soon as it should be open to settlement. 
Here he made the acquaintance ot Dr. Thornton, a promi- 
nent citizen of that county, who, on learning his design, 
advised him not to go to Kansas, as he would cer- 
tainly meet with trouble there ; that the Missourians 
were determined that no free state man should be al- 
lowed to settle in the Territory ; but, on the other hand, he 
urged him to go to Bates county, Missouri, where he 
could find better unoccupied land, which he could se- 
curely hold without molestation. Agreeable with this 
friendly admonition, he went to Bates county the latter 
part of July, 1854, where he spent a week in looking at the 
country. Kot satisfied with what he saw there, and his 
high sense of honor stung by reflecting upon the reasons 
which had turned him from his plan of entering Kansas, 
he rose suddenly one morning from the breakfast table and, 
without a moments hesitation, made a straight march for 
the Territory, " From that moment henceforth," is his 
own expressive language, "I was a man." 

The first place he halted was in the vicinity of Mound 
City, where he found many of the Missourians, dissatisfied 
with the country and growing weary in watching to keep 
out abolitionists, preparing to return to their native State, 

lie purchased a claim from a family of this class, on " Lit- 
tle Sugar," for $11.00 — all the money he had with him> 
except a few cents. He moved his famil}^ upon his new 
possessions that fall but remained himself in ^Missouri, en- 
gaged in building a barn for Dr. Thornton. In this way 
he made $300, which he invested in cows and calves, and 
with them, in the spring, returned to Kansas, where he 
has continued to reside ever since. 

Colonel Montgomery is a humane man, nothing fierce or 
savage in his character ; a devout christian, and believes in 
the practical supremacy of the Higher Law. Although a 



1854-7.] TROUBLES IN SOUTH-EASTERN KANSAS. 497 

resident of a slave State for a number of years, he has al- 
ways been bitterly opposed to slavery extension, but never 
sought to interfere with it in slave States. He is about six 
feet high, slim and nimble as a deer, with intelligent fea- 
tures, high forehead, large nose and a most piercing and 
penetrating eye ; a tenacious memory, sound logic, 
talks fluently with an agreeable voice, and in the 
best selected and arranged words. His courage is unques- 
tioned ; he is fearless yet wary; valorous in battle, yet gen- 
erous in victory. When the war for the Union broke out 
he became Colonel of the 3d Kansas Regiment, and acting 
commander of a brigade. He was afterwards Colonel of 
the 2d South Carolina jSTegro Regiment, and distinguished 
himself in the army of the East. When the war was over 
he returned to his family on his beautiful farm near Mound 
City. 

Thus far Montgomery had attractedlittle or no attention 
from the pro-slavery men, who knowing that he came from 
Missouri, supposed him all " sound on the goose." But it 
was not long before the opportunity presented itself for 
them to discover the sentiments and character of the man. 
Soon after his return from Missouri, in April, he happened 
to go down to Mound City, only five miles distant, and was 
surprised to find a convention in session for the purpose of 
nominating candidates for the Legislature, The question 
of making Kansas a slave or free State had never been 
raised by the settlers who had not yet been in an election, 
and had been intent upon the construction of their homes. 
It was the policy of the political'aspirants of that day not 
to allow this " distracting issue " to arise, but to keep it out 
of the canvass, and thus secure votes frrmi both parties. 
Such was the design of Colonel J. P. Fox, the prime mover 
in this convention. This gentleman had wiliy evaded the 
issue by telling the people that the time had not yet come 
to raise that question, and would not until a convention 
should be called to frame a State Constitution; that all the 



498 HISTORY OF KANSAS TERRITORY. 

Legislature had to do was to make wholesome laws for the 
Territory. But when in private conversation with pro-sla- 
very men he was strongly in favor of making Kansas a 
slave State ; on the other hand when endeavoring to secure 
the hallot of some free state man he was the representative 
of his principle. 

In the organization of the Convention, Mr. Montgomery 
was elected secretary, and that body soon entered upon its 
work according to a prescribed programme. Kamcs were 
submitted to the convention as candidates for nomination, 
and an immediate balloting urged. Mr. Montgomery 
readily comprehended their designs, and determined to dis- 
concert their movements. He arose, and with that cool 
discretion which characterized him in council as well as in 
battle, called their attention to the fact that the Missourians 
had vowed that this should be a slave State, and that they 
were making extensive preparations to accomplish their 
purpose; that as the Organic Act guarantees them, as set- 
tlers, the right to determine the character of their own in- 
stitutions, he was in favor of making Kansas a free State, 
on the principle of self-interest, as slavery was injurious to 
poor white men. He thought that the Legislature would 
have a wonderful controlling influence over the domestic 
affairs of the Territory, and tha;, therefore, in selecting 
candidates to represent them, they should know their views 
upon the vital issue of the day. His remarks, delivered in 
an earnest and persuasive manner, were the hearty response 
of most all settlers convened — one after another of whom 
arose and fully endorsed his sentiments. 

Finally, Col. Cox, seeing that he could not get the nomi- 
nation without committing himself, came out openly in 
favor of making Kansas a free State, and publicly pledged 
himself to labor for that end. Mr. Montgomery thereupon 
stated that, as few of the settlers were aware of the Con- 
vention, and few were present, he thought it better for them 
to adjourn to some future day ; in the meantime the re- 



1854-7.] TROUBLES IN SOUTU-EASTERN KANSAS. 499 

assembling; of the Convention could be published, the whole 
matter fully understood by the people, and a general turn- 
out secured. lie accordingly made a motion to this effect, 
which was carried. 

At the second meeting of the settlers, Colonel Coffey, an 
Indian agent, and other violent pro-slavery men, were 
present. Before the convention was called to order Col. Cof- 
fey mounted a goods box and began harangumg the crowd 
in favor of making Kansas a slave State, upon the grounds 
that the free negroes of Missouri would flock over here and 
become a pest and expense to Kansas in case she should be 
a free State, that the Missourians would ship all their worn 
out and worthless negroes in this Territory, and thus rid 
themselves of their support, that the negroes thus thrust 
upon them would become insolent, and would finally control 
the whites. That they would thus establish society upon 
the basis of negro equality, which he declared was the real 
meaning and aim of abolitionism, and triumphantly asked 
the question how they would like to sec their daughters 
riding with big buck niggers ? This piece of sophistry, so 
nicely prepared to suit the prejudices of the masses, caused 
the free state men to look discouraged. When Colonel 
Coffey had finished, Montgomery was called out, and all was 
breathless attention to hear how he would meet the prece- 
ding speaker. He told them that he had an abiding faith 
in the white people, that as long as they had six times the 
population of the blacks, and were so far in advance of the 
latter in intelligence and wealth, they could always con- 
tinue in the political ascendency ; that other free States bor- 
dered on slave States, and he had yet to learn of the trouble 
to which the former speaker adverted about free negroes 
becoming a pest and expense to the State. Colonel Coffey's 
question, " how would you like to see your daughter riding 
with a big buck negro," he could but consider a refiection 
upon the custom of slave States, where ladies, as a mark of 
quality, were attended in their rides by a big buck nigger, 



500 HISTORY OF KANSAS TERRITORY. 

if they pleased, and he was sorry to have it to say that even 
in this domestic relation of the races, not unfrequeutly did 
an unwelcome mulatto make his appearance nnder the roof 
of the master. Surely then slavery did not provide against 
the evils to which the gentleman alluded. In a very mas- 
terly and happy manner Captain Montgomery replied to 
the remarks of Colonel Cofiey, and his speech was fre- 
quently greeted by loud and prolonged applause. Before 
he had finished, Coffey and his associates retired from the 
field as won. J. P. Fox was nominated for Representative 
in the Territorial Legislature, though many desired Captain 
Montgomery. The latter declined, as he knew that the 
former would run any way, so it was better for the free 
state men to make him their candidate and hold him to his 
pledges. 

At the election the Missourians came over in vast num- 
bers with candidates and voters, and elected their own men. 
A few weeks before the Legislature met, a convention of 
free state men, held at Mound City, resolved not to recog- 
nize the enactments of that body, and pronounced it a crea- 
ture of force and fraud. 

Aflairs in South-eastern Kansas remained comparatively 
tranquil until the fall of 1856. The first show of armed force 
in that section of the country was a company of pro-slavery 
men from Fort Scott, going up to join in the raid on Osa- 
wattomie. Montgomery, knowing their designs, went up 
also, but arrived only in time to behold the smoking ruins 
of the town. On returning, he kept himself close at home, 
so as not to excite the alarm of the free state men by com- 
municating the startling intelligence of what was going on 
above, lest they should abandon the Territory. On the 
fourth day after his return he visited Mound City, where he 
found the people filled with consternation, they having just 
received the news, and could see an armed force then going 
into camp at Paris, only a few miles distant. Upon Mont- 
gomery's informing them of the order which he had heard 



1854-7,] TROUBLES IN SOUTU-EASTKRN KANSAS. f»01 

the rufiiaiis give an old gentleman near Osawattomic, that 
all free stato men should bo compelled to leave the Terri- 
tory. Judge Cannon remarked, " gentlemen, you hear tlic 
order and we all knov/ what it means." They immediately 
began preparations to leave. Many left that night, all in a 
few days, except Montgomery and one old blind man. The 
next day the pro-slavery men began their plundering, taking 
stock, robbing houses, pursuing the Hying free state men, 
and seizing the little amount of property they sought to 
carry away, or compelling them, under duress, to sign a 
bill of sale for property left behind. 

In about twenty days, many of the free state men who 
had thus stampeded, returned to their claims. Early one 
morning. Judge Cannon and others went to Montgomery's 
in great haste, informed him that the pro-slavery men had 
again appeared, and threatened to drive off the returned 
free state men and kill him. Montgomery, at their re(juest, 
visited Governor Geary, to inform liim of tha state of affairs 
in southern Kansas, and solicit his protection. The Gover- 
nor received Captain ^Montgommy with contempt, and 
treated his account of the troubles with distrust. Jle 
blamed the free state men for the course they had pursued, 
and was disposed to regard the present evils with which 
they were afflicted, as a just recompense for their concluct. 
Meeting with this rebuff' from the Governor, he went to 
Lawrence, and tliere appeared before the Committee ot Pub- 
lic Safety, to whom he related the grievances of the free state 
men in southern Kansas, and appealed for aid. 

The people of northern Kansas were in no condition to 
lend assistance to their brethren in the south. Twenty- 
seven hundred armed men around their town, wildly clam- 
oring to be allowed to " wipe out Lawrence," had just re- 
tired to the Border, and were liable to march back at any 
moment. The Committee, therefore, replied (o Captain 
Montgomery, that they could not possibly leave their own 
firesides; that they had arms whi(!h they would e^ive him, 
61 



502 HISTORY OF KANSAS TERRITORY. 

and with these he could return to his family and neighbors, 
and do as they were doing — defend their homes. Equipped 
Avith a Sharp's rifle and a Colt's revolver, Captain Mont- 
gomery set out for home, resolved to fight it out as best ho 
could. 

Behold him, as he wends his way over the trackless 
prairies to his unprotected family on Little Sugar ! His 
neighbors, filled with alarm by the threats of armed bands, 
had fled; the few who had ventured to return, were again 
threatened by the presence of armed companies, that went 
about stealing and robbing. He himself had been singled 
out for death. At the request of his excited neighbors, he 
had visited the Governor, to lay their wrongs before 
him, and invoke his interposition : but he had ^met with 
insult where' he sought justice. He Avent before those ag- 
grieved like himself, and again told the story of his and his 
neighbor's wrongs. Here, hearts of sympathy received 
him ; but their friendly hands could do no more than ex- 
tend to him what they possessed — weapons of self-defence. 
Armed with these, this meek and humble christian was sud- 
denly converted into a warrior. He was no visionary 
romancer ; he felt that the danger which threatened him 
was a reality, and like a real man he determined to meet it, 
appealing to the God of Kight to witness the justice of his 
course. While he thus pondered, firmly he clenched his 
weapon and quickened his homeward march. 

Arriving at home, he found that his neighbors had again 
left, and that the enem}' were in search of himself Stop- 
ping with his family, who had been insulted in his absence, 
only sufficiently long to learn this intelligence, he set out 
after the enemy, single handed and alone. Like a tiger 
whose den had been invaded, he skirted Little and Big 
Sugar Creeks and the Osage, firing from the cover of brusli 
or rocks, wherever he could get sight of the enemy. So 
swift, concealed and lucky were his movements, that he 
spread confusion ;^and terror among the pro-slavery men, 



1854-7.] TROUBLES IN SOUTH-EASTERN KANSAS. 503 

who began to imagine that every thicket and rock con- 
cealed a free state man. 

Fonr days after his return six brave men from the north 
joined liim. Three days afterwards they attacked the house 
of Davis, a violent pro-slavery man and a leader of the des- 
peradoes. He was a Captain of a company of Territorial 
militia, wlio were armed with United States muskets. Witli 
the view of securing the Captain and what guns he might 
have at his house, they made the attack. But meantime 
Governor Geary appeared with three hundred troops ; Davis 
and his men, seeing him, had taken to the brush. Mont- 
gomery and his party only found, therefore, at Davis' house, 
one man by the name of Brown, bogus Sheriff of Linn 
County. They secured him and a number of arms, and a 
quantity of ammunition. A\^lrile they v/ere engaged in con- 
cealing the arms, Brown managed to make his escape. It 
was their design to attack tlie pro-slavery men on J>ig 
Sugar, and disarm them ; but Brown having made his 
escape, who would spread the alarm, they feared tlie troops 
and militia. To avoid the troops they made a circuitous 
tour of some twenty miles south, and on their return came 
in sight of some Texan Rangers, who immediately tied to 
Fort Scott, where they gave such an exaggerated report of 
the number of free state men in arms, marching upon the 
place that the inhabitants abandoned it in a panic. 

Montgomer}'- with seven men next set out to attack two 
points in Missouri, where pro-slavery men were in the habit 
of gathering, and from which they would sail}' out on 
plundering expeditions to Kansas, and to which tliey would 
return with their spoils. These men about three weeks 
previous had sought to waylay and kill ]^Iontgomery as he 
passed from that State into the Territory with provision lor 
his family. When collected at those places, they would 
freely partake of their favorite beverage and loudly boast 
that one pro-slavery man could whip six free state 
men. On arriving in this neighborhood Montgomery and 



504 HISTORY OF KANSAS TERRITORY. 

liis men feigned to be Indians^ in order to draw the pro- 
slavery men ont, as tlie latter were in the habit of seizing 
Indians whenever they came into that vicinity to 
hunt, and flogging them. Failing to call the pro-slavery 
men out in this way, they entered Burnet's house, but found 
no one, except women and children, in it. They resolved to 
wait, knowing that the ruffians would soon gather as the 
presence of free state men in the neighborhood was known. 
tShortly the pro-slavery men began to drop in, one and two 
at a time, who were severally seized as they came, disarmed 
and placed under guard until twenty-one were thus held. 
At last Burnet appeared, who, first informed by a woman 
of Avhat was going on, declared that he would fight rather 
than surrender. But on his approach a single man went 
out, disarmed and brought him in prisoner. They then 
broke the captured guns, took $250 in money, provided 
themselves with good horses, liberated their prisoners and 
returned. 

Montgomery next marched upon some invaders, encamp- 
ed on Bull Creek ; but at his apj^earance they fled. Thence 
he, with ten men, crossed into jSIissouri after negroes, but 
their presence and mission being discovered, and being 
pursued, they were so closely pressed that they seized six- 
teen good horses, escaped to Kansas and visited Lawrence. 
Here, in accordance with the advice of prominent free state 
men, he determined to go home and keep quiet. On his 
way thither, when about one mile beyond the AVakarusa, 
he suddenly met two of Geary's United States militia, one 
of whom immediately seized his horse by the bridle. Mont- 
gomery, with the agility of a panther, leaped from his sad- 
dle u pon the opposite side of the horse ; snatched his re- 
volver from the holster, and with his person shielded 
by the horse leveled it upon his assailant, who was in the 
act of raising his musket. The soldier, with his hand 
grasping his weapon, dared not level it, knowing that a ball 
would pievce his heart the moment he should niako the at- 




^MoNTCOMKIIY AXI) TIIK MlLlTlA 



1857.] TROUBLES IN SOUTH-EASTERN KANSAS. 505 

tempt. Thus they eyed each other for a moment, when, 
without saying a word, the militia turned, passed on and 
left Montgomery to pursue his journey unmolested. 

During the winter of '56 and '57 the pro-slavery men held 
the claims and appropriated to their own use the stock that 
the free state men had left. They kept up their military 
organization and committed some depreciations the en- 
suing spring. 

Early in the summer of 1857 new free state immigrants 
began to pour into that section of the Territory, and many 
of those driven off the fall previous, began to return. Thus 
the free state element in that locality continued to increase 
all summer. 

As might be expected, a conflict soon ensued between the 
two parties. The returned free state men first undertook 
to gather up their stock, which they had been compelled to 
abandon the fall previous ; but those who now held it re- 
fused to give it up ; whereupon the former, being the strong- 
er, took it. They next banded themselves together for the 
repossession of their claims. The first difliculty ot this kind 
was the restoration of Mr. Stone, who had been driven oft' 
the fall previous, to his claim, now occupied by Southwood, 
a Methodist preacher of the Church South. The free state 
men built Stone a little cabin near the one in which South- 
wood lived, and moved his family into it, that he might 
await the opening of the land ofhce, when he could proper- 
ly prosecute his right to the claim. A dilliculty soon arose 
between the two families about a well of water, Avhich led 
to an assault by Mrs. Southwood upon Mrs. Stone. The 
aggravating circumstances attending this attack, together 
with the conduct of the former's husband, exasperated the 
free state men of the neigborhood, insomuch that they gave 
Southwood orders to leave the premises by a named time. 
Tiie pro-slavery men, notified of this order, i)repared to re- 
move Mr. Stone by an armed force of two hundred men the 
(Uiy before the time allowed Southwood. The free state 



506 HISTORY OF KANSAS TERRITORY. 

men informed of this design, eight of tliern collected at 
Stone's cabin to defend the premises. That night they 
were attacked, but the ruffians, imable to dislodge the free 
state men in the log house, soon left for Fort Scott with 
the threat that they would return with re-inforcements and 
cannon the following evening, and if the premises were not 
vacated, would seize and hang every man found on them. 
The free state men increased their number the next day, to 
sixty, and prepared a warm reception for the enemy. But 
the latter returned only in small force the following night, 
and, on approaching the pickets of the free state men, retir- 
ed. Southwood left before his allotted time expired, and Stone 
was moved into his former house. Here the free state men 
guarded him the first night, and the next day informed 
his pro-slavery neighbors that, as they could not guard him 
all the time, the}^ would hold them responsible for his pro- 
tection from disturbance. This the pro-slavery men care- 
fully attended to ; for they well knew that any wrong done 
Mr. Stone would be followed by fearful retaliation upon 
them. 

A few weeks after tliis and similar occurrences, the 
United States court, under Judge "Williams, opened at Fort 
Scott. The grand jury indicted most all the free state men 
in that vicinity for various ofi'enses, some under the rebel- 
lion act, and others for theft or robbery. Upon an indict- 
ment under the rebellion act, Messrs. Davis, Bone and 
IIofl:'nagle were arrested and taken to Fort Scott, where 
they were thrust into prison, and treated with great indig- 
nity. Montgomery raised a party of men to rescue them. 
He first sent Dr. Kimberland, to ask the liberation of the 
prisoners on bail, who, upon making the request, was in- 
formed that the crime with which the prisoners were 
charged was of such magnitude, that personal security 
could not be taken, but the Court would require the deposit 
of $800, in hard cash, for the recognizance of each. JS'ot 
willing to entrust so much money with the pro-slavery 



1854-7.] TROUBLES IN SOUTH-EASTERN KANSAS. 507 

gently at Fort Scott, tlic Doctor declined to make the de- 
posit. Meantime, Montgomery had arrested a pro-slavery 
man, informed him of his project, and let him go. Knowing 
that in this way news of his design would soon be commu- 
nicated to the Fort, Dr. Kimberland was again sent, with 
instructions to renew his application for bail, whenever he 
should be assured that the Court was informed of the in- 
tended attack. lie waited in the court-room all day, and 
began to despair of the news having any eftect, or 
of its being received at all. But later in the afternoon, as 
he Avas urging his application by alluding to the intended 
rescue in an allegorical way, a messenger entered the room, 
whispered something in the Judge's ear, and retired. In a 
moment all was changed. Judge Williams soon arose, de- 
livered his opinion that it was unconstitutional and unheard 
of to refuse the prisoners bail, and thereupon discharged 
them upon their own recognizance. One was sent home on 
a horse that evening, and the other, who was sick, was con- 
veyed home next morning in a carriage. 

Indictment against free state men followed indictment, 
and arrest followed arrest ; some for theft, because they 
sought to regain their own property ; others for the usurpa- 
tion of claims, because they sought to reinstate themselves 
in the homes from which they had been forcibly expelled. 
They were taken to Fort Scott, thrust into prison, and re- 
quired to give $100 as a '• backer," to some pro-slavery 
lawyer, to take charge of their case. When tried, the ver- 
dict would invariably be against their interest, and a heavy 
cost thrust upon them. In one instance, where a free state 
man shot a pro-slavery man in self-defence, before he even 
had a show of trial, his property and that of his father-in- 
law were seized by the sherift' and publicly sold at auction, 
in Fort Scott, to satisfy the widow of the deceased. 

The war haAang subsided in Northern and Middle Kan- 
sas, and peace and order having been there restored, the 
Eorder Ruffians of the worst character had congregated at 



508 HISTORY OF KANSAS TERRITORY. 

Fort Scott. Gr. W. Clark, .tlie Indian agent, and murderer 
ot Barber, Brocket, who fled from Leavenworth to escape 
justice, Titus, who had rendered himself illustrious at the 
sacking of Lawrence, Hamilton, a Southerner, who v»'as 
emulous of Border liuffian fame, and others of similar 
character, had taken up their quarters in Southern Kansas. 
They would there drink, gamble and carouse ; occasionally 
sally out, rob, insult, and plunder the free state settlers. 

The latter, finding that there was no justice to be had 
from the United States Court at Fort Scott, but rather long, 
harrassiug and costly trials, while they themselves were 
subject to indignities and abuse, determined to organize a 
court of their own as an oifset to the one at the Fort, witli 
a view of burlesqueing the United States Court, and at the 
same time administering impartial justice in the adjustment 
of difficulties. Dr. Gillpatrick, of Osawattomie, was con- 
stituted Judge under the cognomen of " John Brown," and 
the court had all the ordinary attendants of a judicial body. 
Its demeanor was very grave and procedure regular. It 
measured its fees and penalties by its contemporary at Fort 
Scott, but its decisions were more in accordance with jus- 
tice than the latter. TJie SheriiF, Captain Abbott, from the 
Wakarusa, with a well selected posse, carried out its man- 
dates and gave it a practical existence. In one instance a 
free state man by the name of Beason made complaint that 
some fellows were in the act of butchering his hogs. The 
court immediately ordered the arrest of the robbers, and 
for them and the stolen property to be brought before that 
bod}^ In a very short time three criminals were introduced 
with the several hogs which they had butchered. Their 
trial was conducted in the most grave and solemn manner. 
The slaughtered swine were retained, to defray the expenses 
of the court, while the robbers were required to make 
ample restitution to the owners in money. This they first 
refused to do ; but finding that the court would not be trified 



1857.J TROUBLES IN SOUTH-EASTERN KANSAS. 509 

with, one of them sold his cL^im, and with the money 
made the required restitution. 

It was, in a short time, decreed by the court at Fort 
Scott that the Squatter Court shoukl be arrested and broken 
up. Accordingly Marshal Little was dispatched upon this 
errand with seventy men. He halted the troops about one- 
fourth of a mile from the Court, while Little advanced un- 
til he met Montgomery and others, with whom he held a 
conversation. Tlie object of the court was explained and 
its proceedings narrated. Little apparently sanctioned the 
conduct of the squatters and left, informing them, if he 
should return, he would advance under the show of a white 
flag. 

In a few days, at the head of about two hundred troops, 
the Marshal again made his a}!poarance, held a parley 
with the free state men, and haughtily demanded the sur- 
render of tlie Court within thirty minutes, declaring that 
unless his demand was complied with he would fire upon 
them ; to which the Court replied that they would accept 
the alternative of a fight, rather than surrender. Captain 
Abbott, commanding the free state forces, ordered ten men 
to go out some thirty yards from the log house in which 
the Court had taken shelter, and conceal themselves 
among the trees. As the troops under Little advanced, 
these men fired upon them and rushed towards them ; 
■whereupon the troops beat a hasty retreat. One man and 
a horse were wounded which was the only loss sustained. 

Anticipating another attack, and rumors being rife to 
that eftect, the free state men increased their defense and 
dispatched messengers for help. Colonel Wm. A Phillips, 
then Adjutant-General of the Territorial Militia, soon ar- 
rived and took command of the forces, now numbering 
about tw^o hundred armed men. General Lane followed 
him next day. Colonel Phillips, at the head of his com- 
mand, started to capture Fort Scott; but learning that a 
large force of United States troops from the north -were 
62 



510 HISTORY OF KANSAS TERRITORY. 

there, he abandoned the movement and countermarched to 
Sugar JSIound. General Lane organized a regiment ot 
troops, appointed Captain Shore, of Prairie City, Colonel, 
and Mr. Williams, ot Osawattomie, Lieutenant-Colonel. On 
the evening of the same day he disbanded it, ordering all 
the men to return to their homes, except the companies of 
Captains Montgomery and Baynes, who were to keep the 
field, and protect the citizens. He organized, at the same 
time, a lodge of the secret society, whose object was the 
destruction of the Lecompton Constitutional measure. He 
returned to Lawrence and made a pompous report to the 
Legislature. 



1858.] TROUBLES IN SOUTH-EASTERN KANSAS. 511 



CHAPTER XL VI. 

TROUBLES IN SOUTH-EASTERN KANSAS — CONTINUED. 

The difficulties at Fort Scott continued during the winter. 
In February Johnson, wlio had suffered much from the 
Ruffians in that town, came to Montgomery for assistance. 
A writ was procured for the arrest of the offenders, and 
Montgomery, at the head of forty-three men, set out to ex- 
ecute it. Meantime some of the more timid free state men 
had sent a couple of messengers to the town to ask the au- 
thorities to voluntarily surrender up the culprits ; this 
deputation Montgomery met when he reached the outskirts 
of the town, accompanied by some of the leading citizens 
of the place. To the demand of the persons of those for 
whom writs were held, they replied that if the prisoners 
would be retained at Fort Scott for trial they would be sur- 
rendered up ; but otherwise they would not, and that they 
should fight, every man of them, before yielding to the lat- 
ter demand. Montgomery replied, " then fight, that is 
what we w^ant," and immediately put his men in motion 
towards the town. Crawford and other Fort Scott gentry 
hurried back into the village. By the time Montgomery 
reached the principal street Crawford and Judge Williams 
met them, and reported that all the mauraders had left, and 
tendered the free state men the hospitalities of the place. 
The latter partook of a hearty breakfast and received a 
pledge from Judge Williams that the goods taken from 



512 HISTORY OF KANSAS TERRITORY. 

Johnsou and others should be deposited at Barnesville 
within a few days, subject to orders. IS^ot being able to see 
any thing of those for whom they held writs, the free state 
men left the place. In a few days, when the troops under 
Captain Anderson arrived, the Fort Scott authorities, in- 
stead of restoring the property, sent word to the free state 
men, " Come on, we are ready to fight you." 

Upon receiving this challenge, Montgomery sent to Law- 
rence for a howitzer, and Leonhardt, a Polander, who had 
seen much service in Europe, came down with it, accom- 
panied by quite a number of others. Perceiving that they 
were unable to drive the Rutfians out of Fort Scott the free 
state men determined to change their tactics and drive 
them from the country into the Fort, and then starve them 
into submission by a siege. Pursuant to this arrangement, 
they first struck a pro-slavery settlement high up on the 
Little Osage. They attacked Zumkault, who had been the 
perpetrator of at least three free state murders. In at- 
tempting to enter his house they shot and badly wounded 
him, but left him properly cared for by the neighbors. From 
this place they visited the residences of other obnoxious pro- 
slavery men, who fied in terror at their approach. The 
jjro-slavery men in that vicinity sent for the troops at the 
Fort, but Captain Anderson replied that if they wished 
protection they should all come to Fort Scott, as he was 
unable to afiibrd them any security at their isolated homes. 
Filled wdth alarm by the bold strike of the free state men, 
and still more by guilty consciences, the pro-slavery men 
flocked, with their families, to Fort Scott. 

After this occurrence, which was in February, 
Montgomery proposed to retire from the field, and attend 
to the improvement of his claim. He requested that the 
men be organized under Captain Stewart and Lieutenant 
Walker, who should be actively on the watch to keep the 
pro-slavery men in check. These, after performing a few 
praiseworthy deeds, began plundering, robbing and stealing, 



1858.] TROUBLES IN SOUTH-EASTERN KANSAS. 513 

and running oft' the spoils to the north. They s)Dread terror 
and ruin wherever they went, threatening pro-sUivery men, 
man}' of whom fled the country with their famihes. They 
continued this dishonorable course, until they had brought 
disgrace upon their party, and aroused the whole country 
against them. Stewart was a Methodist preacher, com- 
monly known in southern Kansas as " the fighting preach- 
er," but he was better qualified for a spy, or daring and un- 
scrupulous adventure, than anything else. He was in the 
employ of the government during the rebellion as secret 
agent, and did admirable service. He afterwards aban- 
doned his family, and ran off" with a strumpet to Canada. 

The men having become so demoralized under Captain 
Stewart, and committed so many gross outrages, Mont- 
gomery resolved to take the field again as their leader. He 
first restored what stolen property he could, and sought to 
correct the morals of his command. A portion of them, 
under the leadership of Stewart, with their avarice excited 
by their recent plundering, separated from those under 
Montgomery, and started north on a thieving expedition. 
In this way they brought odium upon the free state party 
in south-eastern Kansas, and many good free state men 
censured them. Those that thus set out north, generall}^ 
were worsted in their unlawful and dishonorable attempts, 
and finally returned, the best of whom were reinstated in 
the orfginal command. 

But justice to Captain Montgomery requires iis to say, 
that he never indulged in wholesale robbing and stealing. 
He took from pro-slavery men alone, and only from those 
who were deeply implicated. in the troubles. lie took their 
arms, their horses, (if he needed any), and provisions. He 
aimed to feed, clothe and supply his men with that which he 
took from the enemy. He never sold a horse thus taken,, 
but either restored it when through with it, or gave it to 
some good free state man who had suft'ered loss. Wherever 
he obtained provision of peaceable citizens, he paid for it, 



514 HISTORY OF KANSAS TERRITORY. 

as his neighbors will bear testimony. Though himself as 
X30or as afflicted Job, he never bettered his condition by 
spoils taken from the enemy. 

It should be observed that these parties who gave them- 
selves up to plunder in Kansas, generally met, soon after, 
violent deaths. We have noticed Stewart's downfall ; Len- 
hardt, a young printer, from Lawrence, who had been 
leader of a guerilla party since 1856, and who continued 
robbing and plundering long after peace was restored, 
finally was killed at Doniphan; Hamilton perished in the 
mountains ; Titus wandered to Arizona, and no one knows 
what became of him, and so with others. 

Those pro-slavery men who had been driven out by 
Stewart, soon began to return with reinforcements from 
Missouri. They retaliated upon the free state men, notify- 
ing them to leave, on pain of death. This again filled the 
country with alarm. Montgomery collected the threatened 
families at various places, and put them in an attitude of 
self-defence. While thus engaged, a party wearing United 
States uniform, came out from Fort Scott, killed Denton 
and Hedrick, and attempted to murder Davis. Old man 
Denton lived only sufliciently long after he was shot, to ob- 
tain a pledge from his sons that they would avenge his 
death. He called them to his bed side, and when they had 
solemnly obligated themselves to comply with their father's 
request, he seemingly died in peace. The boys faithfully 
fulfilled their vow, killing one of the murderers the next 
day, and three or four others subsequently. 

This startling occurrence spread terror and confusion 
among the free state men, and it required the utmost ex- 
ertions of Montgomery to prevent a stampede of the set- 
tlers. He wrote a letter to the northern counties, for their 
friends to hold themselves in readiness to come at a mo- 
ment's warning to their assistance, but, as yet, they were 
able to take care of themselves, while he informed his 
neighbors, in order to quiet their fears, that he had really 



1858.] TROUBLES IN SOUTH-EASTERN KANSAS. 515 

sent for help. He tlien went to the Neosho, where he or- 
ganized the settlers in a lodge of a secret order^ for the pur- 
pose of self-defense. Upon his return he found that the 
free state men had rallied their courage, had made an at- 
tack (April 1 ) upon a body of Ruffians assembled at AVas- 
son's, killed one certain, and likely others. Their fears had 
fled and they talked no more of abandoning their homes. 

It is proper to remark here, in order that the reader may 
understand the movements of Montgomery and his men, 
that they were always duly informed of the plans of the 
Ruffians in Missouri and at Fort Scott, in time to frustrate 
them. He had a spy in the Secret Lodge in Missouri, and 
one in the lodge at Fort Scott, who would report to him 
the intended movement of the Ruffians in advance. On 
these reports he would frequently make a bold stroke, when 
to the public there was no justifying cause. In this way 
he and his men received the title of " Jayhawkers," from 
the resemblance of their actions to that of a hawk, suddenly 
and unexpectedly pouncing upon a jay-bird. They knew 
the plans of the Ruffians, where they would assemble ; with- 
out a moments warning, at the time the Ruffians would im- 
agine themselves secure and safe, and Montgomery and his 
party remote, the latter would suddenly fill them with con- 
sternation and alarm by his unexpected presence. 

Before the Maries Des Cygnes murders took place, Mont- 
gomery knew the designs of the Missourians through his 
faithful spy, who now lives, I believe, at Westport. The 
plan of Hamilton, which was never fully carried out, was 
as follows : He had prepared a list of free state men, num- 
bering about sixty or seventy, whose death had been de- 
creed. "With a small squad of men he was to pass from the 
Border into the Territory, seize as many of these as he 
could, suddenly slay them and retire immediately to Mis- 
souri. After the lapse of a week, when the excitement 
should have subsided, he would repeat the stroke and return 
as before ; wait a week and again strike. Thus he would 



516 HISTORY OF KANSAS TERRITORY. 

continue until the proscription list was exhausted, Avhich 
was reckoned would take four or five weeks, then with his 
clan he would flee to Arizona. 

Perhaps a short account of this barbarous man and the 
scene ot liis operations will not be uninteresting to the 
reader. Captain Hamilton and his two brothers came to 
the Territory in 1855, and settled on claims about four miles 
from Chouteau's Trading Post, on the Marias J)es Cygnes, 
where the Leavenworth and Ft. Scott road crosses it, and about 
forty miles north of the latter place. This point had been 
occupied as a post of traffic with the Indians many years 
before the Territory was organized, and contained a few log 
buildings of a rude and decayed character. Captain Plam- 
ilton was a violent pro-slavery man, at first wore the ap- 
pearance of a gentleman, with all the swavity and polite- 
ness of a Southerner. He brought slaves with Jiim to the 
Territory. But as the prospect of making Kansas a slave 
State grew gloomy, he grew frantic, threw ofi" his assumed 
garb of refinement, converted his house into a fort, col- 
lected around him a band of desperadoes and became a 
terror to the community in which he lived. All the winter 
of '57 and '58 he had carried on a predatory warfare, rob- 
bing and stealing from free state men. He had frequent 
quarrels with bis neighbors, in which he threatened them 
with murder or assassination. 

"After the passage of the Lecompton Constitution, in 
some shape, was regarded as certain in Washington, and in- 
telligence to that eftect had been received in Western Mis- 
souri, Hamilton spent a great portion of his time at West 
Point and the border counties of Missouri, assisting to re- 
vive the secret societies that had gone down since '56, and 
making arrangements with leading citizens of Missouri for 
a general guerrilla warfare on the settlers of Kansas." 

All spring Hamilton had been making his threats of ex- 
termination ; but, having repeated them so often, the set- 
tlers came to disregard them. Montgomery, about the 



1858.] TROUBLES IN SOUTH-EASTERN KANSAS. 517 

middle of April, learning that the troops at Fort Scott 
would be withdrawn, and fearing on this account that Ham- 
ilton, who was then in that vicinity committing depreda- 
tions, would carry his murderous plot, as above given, into 
execution, sought to draw him out to battle by making a 
"drive" upon the pro-slavery men in the settlement where 
he had been operating. Taking with him sixteen men, he 
made a descent upon a neighborhood along the Marmaton, 
about twelve miles south-west of Fort Scott, among whom 
he spread terror and consternation. Hamilton, instead of 
giving battle, fled to the Fort, where he and Judge "Williams 
prevailed upon Captain Anderson, with a squad of soldiers, 
to go out, for the purpose of arresting the free state men. 

As Montgomery and his men were riding along the road, 
they unexpectedly came in sight of\he United States troops. 
He instantly ordered a retreat, and fell back, at full speed, 
to the Yellow Paint, the troops in hot pursuit. Upon 
reaching this stream he formed his men in a narrow defile, 
up which only three horsemen could approach abreast. A 
portion of his men, who outran the others, had passed be- 
yond the creek, and hence he was left with only about half 
of his command to resist an attack of fifty regulars. Cap- 
tain Anderson, at the head of the troops, entered the narrow 
ravine, and approached within about twenty-five steps, 
when the free state men opened fire. The troops imme- 
diately retreated, being unable to withstand the murderous 
volley from a concealed foe. Anderson's horse fell dead, 
with his rider fast under him ; his right hand man tumbled 
from his saddle mortally wounded, and several horses fell 
in the defile. Some of the troops, Vvdio had not descended 
into the hollow, fired on the free state men from the hill, 
and wounded one. The soldiers soon sent down a flag of 
truce, asking permission to release their fallen commander, 
and carry away the wounded. The request was granted, 
and Captain Anderson, who had boasted so much of destroy- 
ing free state men, was pulled out from under his horse. 
63 



518 HISTORY OF KANSAS TERRITORY. 

He was afterwards compelled to resigu, or submit to be 
court-martialed for dishonorable couduct in the presence of 
the enemy, and making war upon citizens. He chose the 
former, left the service ; when the rebellion broke out, he 
joined the rebel army, and rose to Brevet Lieutenant-Gene- 
ral. Montgomery and liis men retired to a circular thicket 
of woods, which the troops, augmented by reinforcements 
to two hundred and fifty, refused to penetrate. After par- 
leying a short time, they abandoned the attempt to arrest 
the "jayhawkers," and repaired to the Fort. 

This skirmish had the effect to divest the United States 
troops of the charm of invincibility, and taught them and 
the Ruffians that even they could not pursue and harass free 
state men with impunity. Pro-slavery men were in the 
habit, during all the E^nsas troubles, whenever the free 
state men became aroused, and were marching to retaliate 
for wrongs suffered, to set the United States soldiers upon 
them, knowing that they dreaded an encounter with regular 
troops, both from the fear of defeat, and out of respect to 
the General Government. And the latter had become ex- 
ceedingly insolent and boastful, especially when affected 
with pro-slavery proclivities, on account of the estimation 
in which they were held. But this rencounter with the 
"jayhawkers " disarmed them of their dreaded character, 
and taught them a lesson which they never sought to take 
again, that oppressed citizens would and could fight, while 
it encouraged and strengthened the free state men. 

Captain Hamilton, after the troops returned to the Fort, 
left them, and proceeded to his log house, some distance 
north. Montgomery, well informed of his bloody designs, 
and even furnished with a list of the proscribed men, hung 
close upon his heels, resolved to slay him the first oppor- 
tunity he could get, or at least prevent the massacre. On 
arriving at Hamilton's, he found that he could do nothing 
in the way of an attack upon the house with rifles alone ; 
so he dispatched a squad of men to bring the howitzer. 



1858.] TROUBLES IN SOUTH-EASTERN KANSAS. 519 

Before its arrival, the United States troops, on their road 
to Leavenworth, were called to Hamilton's relief. Mont- 
gomery dispersed his men, with instructions to meet at 
Jones', eight miles above. Two of them lingered on the 
ground, and narrowly escaped the following morning, by 
jumping down a precipice, like creneral Putnam, over which 
their pursuers feared to follovv\ 

Montgomery then went to the Slieriii, reported to him 
the designs of Hamilton, showed him the list of the pro- 
scribed, and obtained from this official assurances that the 
free state men should be protected from all barm. 

Hamilton thus relieved of tlie Jayhawkers by the pres- 
ence ot the troops, set out for Missouri, full of wrath and 
venom, to prepare for the execution of his bloody plot, and 
the accomplishment of his long coveted object. During 
the subsequent ten or fifteen days be was occasionally seen 
prowling about the neighborhood in which he lived, spying 
around and holding secret meetings. On the 19th of 
May there was a large meeting at Thomas Jackson's, 
just across the line in Missouri, composed of Ruffians from 
Fort Scott and Missouri, at which the best policy to be pur- 
sued in invading Kansas, was the question of discussion. 
"Some were in favor of stealing from, and harrassing, the 
settlers until they would become wearied out, and for the 
sake of peace flee the Territory ; while others of the gen- 
nine ' Border Ruffian ' order advocated as stronglj- an indis- 
criminate slaughter of the abolitionists, until the last of the 
Yankee race was exterminated." Hamilton was in favor 
of the latter method, and warmly advocated his plan of 
striking a series of fearful and successive blows, and closed 
his remarks by calling upon all who were for blood to fol- 
low him into the Territory. Twenty-five men, eight from 
Fort Scott and seventeen from Missouri, responded to his 
call, with whom he immediately set out for Kansas. 

The free state men had concluded that as Hamilton was 
quiet so long, he had abandoned his purpose, and were olf 



520 HISTORY OF KANSAS TERBITORT. 

their guard. Hamilton and bis men appeared at Chouteau's 
Trading Post, about one o'clock, and began collecting pris- 
oners until they had nineteen in custody. These were gen- 
erally quiet and peaceable men who had taken little or no 
part in the Territorial troubles, but who were known to be 
free state men. Eight of them were soon afterwards lib- 
erated ; the other eleven were taken a few miles away, 
drawn up in line in a ravine with the armed Ruffians op- 
posite them. At the command given by Hamilton, " fire," 
they were shot. All fell, five dead, and five badly wounded, 
feigned to be dead; the remaining one, though not hurt, fell 
also. After rifling their pockets and shockingly abusing 
some of the bodies, they left them for lifeless. The killed 
were J. F. Campbell, Yfilliam Stilwell, P. Ross, Colpetzer, 
and M. Robinson. After the commission of the murders, 
Hamilton and his gang hurried back to Missouri. 

As might be expected, this tragical affair created a won- 
derful excitement among the settlers. They assembled in 
numbers, at the Trading Post from all parts of the surround- 
ing country. In the evening, Montgomery, who had been 
on a " drive" in Johnson county, arrived with his fearless 
band of twenty or twenty-five men. The following morn- 
ing the citizens, then numbering about two hundred, under 
the leadership of General McDaniel and Colonel R. M. 
Mitchell, with Montgomery and his men, set out for West 
Point, where it was believed that the offenders had fled. 
Upon arriving near the town, which was about ten miles 
distant, a council was held at which, against the remon- 
strance of Montgomery, it was agreed to send a deputation 
into town and ask the leading citizens to come out to a 
conference. "While this deputation was delayed in the town, 
men were seen leaving on the opposite side, after whom 
Montgomery and his men gave chase. The leading citizens, 
after much delay, made their appearance and were demand- 
ed to join in the effort to ferret out and arrest the guilty 
parties. They pretended to deplore the affair, denied any 



1858.] TROUBLES IN SOUTH-EASTERN KANSAS. 521 

knowledge of the murderers, and refused to assist in 
apprehending them. Montgomery returned with one rough 
looking chap, against whom they could bring no proof of 
guilt, and he was set at liberty. Every evidence showed 
that the murderers had returned from the Territory to that 
town, and had either left or concealed themselves at the 
approach of the free state men. 

The settlers retired to the Border where they seperated 
into two divisions, one going north, the other south, to 
watch upon the line to prevent there-entrance of Hamilton, 
according to his wicked arrangement. They thus guarded 
the Border until superseded by regular troops, under Cap- 
tain Weaver. 

The Border was guarded all summer and fall. Ham- 
ilton never again made his appearance, having abandoned 
his purpose in consequence of the prompt and efhcient ac- 
tion of the free state men. 

While watching along the line. Captain Montgomery in- 
tercepted a messenger bearing dispatches to General Denver, 
from Fort Scott, rerepresenting that the " Jayhawkers" were 
about to take the place, were driving off settlers, robbino- 
and stealing indiscriminately, &c., and earnestly solicitino- 
him to send troops to Fort Scott to protect them. Mont- 
gomery detained the courier over night, read his dispatches 
and in the morning enclosed a note with them to the follow- 
ing effiect and sent him on with a pass : That the repres- 
entations contained in these dispatches were unreliable, and 
he had better come down and investigate matters for him- 
self; that if he would allow the Sheriff of Bourbon county 
to be elected by the settlers, withdraw the troops from Fort 
Scott and place the town under the free state men of Mar- 
miton, he ( Montgomery ) and his men would surrender 
themselves up for trial. 

About this time Captain Walker, Deputy Marshal, ar- 
rived, having been sent down by the Governor to arrest 
Montgomery, on the charge of murder and theft. Upon 



522 HISTORY OF KANSAS TERRITORY. 

reaching the scene of disturbance, be found that the free 
state men all sustained Montgomery, who, they asserted 
operated only against the worst character of Kutiians, and 
without whom they would all long since have been expelled 
from the country ; that the pro-slavery hatred of him was 
based on fear rather than the depredations he committed. 
Marshal Walker, who was a free state man, and who had him- 
self been driven and hunted by the Ruffians, resolved not to 
make any attempt to arrest Montgomery, whom he gave to 
so understand through his friends, and also that Mont- 
gomery should keep out of his way or prevent a recogni- 
tion of himself by the Marshal, so that there would be no 
legal occasion for the execution of the writ the latter held 
against him. 

On consultation with Marshal Walker, and securing his 
consent to execute them, the free state men procured writs 
trom a Justice of the Peace against some Ruffians at Fort 
Scott, who were implicated in the Maries Des Cygnes mur- 
ders, and placed them in the hands of the above named 
officer. 

Captain Walker, with a posse composed ot free state 
men, among whom was Montgomery in disguise, proceeded 
to serve his warrants. He dispatched a few to the east of 
Fort Scott to prevent the escape of fugitives to Missouri. 
With the others he entered the town, where they scattered 
in squads, each of w^hich hurried to ' perform the part as- 
signed it. After some search the Marshal learned the 
whereabouts of Gr. W. Clark, the Indian agent. He imme- 
diately called upon the citizens for a posse of eight or ten 
men to assist in arresting this offender. IS'one but free state 
men, of course, responded, among whom was Montgomery ; 
with these the Marshal proceeded to Clark's residence. 
Arriving there the latter, after repeated calls, finally made 
his appearance on the portico, armed with a rifle and re- 
volvers. The writ was handed him, and on reading it, he 
told them that he would not observe it, on the ground of there 



1858,] TROUBLES IN SOUTH-EASTERN KANSAS. 523 

being no such Justice of the Peace in the county, and that 
he would resist its execution. After parleying some length 
of time, the Marshal growing mipatlent, said, " Colonel 
Clark, you know me, I have not time to trifle. Unless you 
lay down your arms and surrender up your person in five 
minutes, I will order my men to fire," and taking out his 
watch, noted the time. 

When three of the five minutes had expired Clark was 
so notified, and the Marshal ordered his men to cock and 
level their pieces. An awful suspense followed. In the 
windows, hall and balcony of Clark's house, pro-slavery men 
stood with arms presented at the free state men, and all 
the time saying to Clark, " Don't give up, we will stand by 
you," while trom the upper windows and doors of adjoining 
buildings, rifles and revolvers protruded, w^aiting the given 
signal. It w^as evident should the five minutes elapse, 
Clark would fall dead in an instant, and equally evident 
that not a moment would pass before every free state man 
w^ould bo pierced with as many balls. Four minutes ex- 
pired, and still Clark stood firm and unmoved, constantly 
urged to stand by those in his rear. " But one-half 
minute more," says Marshal Walker, " and you are a dead 
man," Clark suddenly turned pale, began to tremble, lovr- 
ered his gun, unbelted his revolvers and surrendered, amid 
the loud oaths and denunciations of his friends. Two other 
Ruffians, for whom he had w-rits, were arrested by the Mar- 
shal, and all the prisoners were placed in jail to await their 
trial. 

The pro-slavery m;'n, however, had recognized Montgom- 
ery in the Marshal's posse, and procured a writ for his arrest 
which they placed in Walker's hands. The latter was em- 
barrassed, being bound to execute the writ, however 
much against his inclination ; and he knew if Montgomery 
should resist he would be joined by all the free state men. 
But the matter was quickly settled when Montgomery 
learned what had occurred. lie immediately went up to 



524 HISTOET OF KANSAS TERRITORY. 

the Marshal, made himself known, laid down his arms and 
surrendered himself a prisoner. With him in custody, 
Captain Walker and his posse set out to retrace their steps. 
On reaching the outskirts of town, word was brought them 
that Clark and other prisoners, whom they had taken, had 
been released and were at large. Walker, incensed at such 
conduct, at once liberated Montgomery and restored him 
his arms. 

Followins: the above events was the visit of Governor Den- 
ver, who, acting in accordance with the suggestion of Cap- 
tain Montgomery, sent him in the pro-slavery dispatches, 
came in person to Fort Scott, where he arrived on the 14th 
of June. As he passed down he held consultations with the 
citizens of Moneka and Eaysville, by whom he was fully in- 
formed in regard to the difficulties. At the latter place he 
made a speech to the assembled citizens, there he an- 
nounced his policy for settling the troubles, which was sub- 
stantially the same as he afterwards followed. 

The following is a synopsis of the Governor's remarks at 
Raysville, to the people there assembled, as reported by a 
gentleman who heard them : 

" Fellovv-Citizbns : I have come to southern Kansas at 
your earnest solicitation, to assist, by my presence, in re- 
moving existing difficulties in your midst. In the prosecu- 
tion of my purpose, I shall treat the actual settlers without 
regard to past diiferences. I shall know no name and 
know no party. I do not propose to dig up or review the 
past. I believe both parties have been to blame for by-gone 
difficulties; but with that I have nothing to do. My mis- 
sion is to secure peace for the future. I propose as a basis 
for an agreement, whereby to produce tranquillity through- 
out the Territory, the following conditions: 

"1. The withdrawal of the troops from Fort Scott. 

" 2. The election of new county officers in Bourbon county 
by the citizens of the county, irrespective of party. 

" 3. The stationing of troops along the Missouri frontier, 
to protect the settlers of the Territory from future invasions. 



1858.J XROUB LES IN SOUTH-EASTERN KANSAS. 525 

'•4, The suspension of the execution of old writs, until 
their le,2:itimacy is authenticated before the proper tribnnal. 

"5. The abandonment of tlio field by Montgomery and 
his men, and all other parties of armed men, whether free 
state or pro-slavery." 

Scarcely had the Governor crossed the Maries des Cygnes, 
en route to Fort Scott, than Captain Montgomery and his 
men, who seemed ubiquitous, joined his train. At Moneka, 
the Captain solicited an interview with his Excellency, but 
the latter declined it, until after he should visit Fort Scott. 
Montgomery and his band accompanied the Governor's 
train, holding frequent conversations with his suit, and 
contributing to the agreeableness of the journey. No sooner 
had the Governor concluded his speech, than cries were 
made for Captain Montgomery, who came forward and 
spoke in substance as follows : 

" Fellow-Citizens : I have listened with great attention 
to the remarks you have just heard, and it gives me much 
pleasure to say, I mainly agree with them. On behalf of 
the citizens of southern Kansas, I thank the Chief Magis- 
trate of our distracted land, for the spirit of justice by which 
he seems to be actuated. All the free state party desires is 
justice. It has been a stranger to it a long time, and will 
hail this fair and honorable agreement with delight. That 
part of the agreement which refers to myself is particularly 
pleasing. In the last seven mouths I have not been at 
home as much as a fortnight, and a return will give me 
sincei-e pleasure. It has not been choke that has kept me 
away, but necessity. "While my country needed my services, 
I could not loave the field, however great the temptation to 
do so. To-day, three hundred men follow, when needed, 
the banners and fortunes of Montgomery. When the Gov- 
ernor redeems his pledges given to-day, I will disband these 
men and retire to my cabin home, there to remain. As 
long as the Governor and his friends respect their side of 
the^treaty, I and my party will respect ours." 

The Governor addressed the citizens at Fort Scott in 
64 



526 HISTORY OF KANSAS TERRITORY. 

about the same spirit as quoted above. The stipulations of 
the treaty efl'ected between the parties there for the pacifica- 
tion of difhcuUies were, that the civil organization of Bour- 
bon county and the townships therein should be perfected ; 
that all past offenses against the laws should be referred to 
the grand juries ; that both parties should refrain from pro- 
secutions and vexatious arrests for petty and imaginary 
offenses ; that the}^ pledge themselves to do all in their 
power to bring offenders to justice, by having them arrested 
for offenses hereafter committed, and for all others upon 
which indictments should or might be found, by a legally 
constituted grand jury; that all questions growing out of 
claim titles should be referred to the legal tribunals for set- 
tlement ; that the troops should be withdrawn from Fort 
Scott at an early day. 

Although not so stated in the treaty, it was the distinct 
understanding that " by-gones should be by-gones," and 
that no arrests should be made for past offenses, and that a 
free state Marshal should be appointed in that district. 
This was the solemn pledge of the Governor, made at Rays- 
ville, upon which Montgomery and his men retired to their 
homes, and which were termed the " Secret Articles." But 
the peace thus established proved of short duration, as will 
soon appear. 

Although the object of this Convention was peace, still, 
when the Jayhawkers and Border Ruffians were thus 
brought together, it came near breaking up in a general 
fight. 

Governor Ransom, instead of seeking to qui§t the fury of 
passion and advising conciliation in his speech, began to 
arraign the Jayhawkers before the Convention as robbers 
and assassins, whereupon Judge Wright called him to order. 
Words not polite to ears refined passed between them, and 
they rushed towards each other. Friends interfered how- 
ever, and prevented a display of their pugilistic powers 
upon the stage. Had they clenched, doubtless the fight 
would have become general. 



1857.] POLITICAL PARTIES. 527 



CHAPTER XL VII. 

POLITICAL PARTIES. 

From the first advent of Governor Walker political ele- 
ments had been undergoing a change. The two great and 
hostile parties which had fought the battles of '55 and '50, 
began to disintegrate and divide, as an immediate conse- 
quence of the new policy of the Governor and, for a time, 
of the administration. 

The scheme of Walker for settling the vexed question in 
Kansas was a move of the conservative wing of the Demo- 
cratic party, endorsed by Douglas and his followers, to avert 
what they really believed would be the final result of forc- 
ing the Lecompton Constitution upon the people. It was 
at that time evident and incontrovertable that slavery could 
not be fastened upon Kansas by fair means and equally 
plain that the use of unfair means to effect this object 
would be attended with civil war and a disruption of the 
Federal Government. 

The policy of Governor AValker contemplated the aban- 
donment of the attempt to make Kansas a slave State ; and, 
instead thereof, to so shape and mould political elements in 
the Territory as to make it a Democratic State. The motto 
of Governor AYalker was, "Yield justice to Kansas in 
order to save the Union, annex Cuba and make slave States 
out of the South-western Indian Territory, to secure tlie 
final triumph of slavery." Says he to the President : 



528 HISTORY OF KANSAS TERRITORY. 

" The extremists are trying your nerves and mine, but 
what can they say when the convention submits the cnsti - 
tution to the people and the vote is given b}^ them ? But 
we must have a slave State out of the South-western Indian 
Territory, and then a calm will follow ; Cuba be acquired 
with the acquiescence of the jSTorth, and your administra- 
tion having in reality settled the slavery question, will be re- 
garded in all time to come as a resigning and resealing the 
Constitution." " Cuba ! Cuba ! (and Porto Rico, if possi- 
ble), should be the countersign of your administration, and 
it will close in a blaze of glory." 

Governor Walker, upon his arrival in the Territory, at 
once applied himself to break up the two great Territorial 
parties, and gather together all the Democrats he could into 
one organization. With this end in view, he prepared his 
inaugural, which took the ground that climate forever pre- 
cluded slavery from Kansas, and hence, it was folly to con- 
tinue the contest about a matter already settled by the un- 
alterable laws of nature. The mass of the pro-slavery party, 
who never had been pecuniarly interested in making Kan- 
sas a skive State, readily abandoned the contest and became 
the followers of Walker. The more rabid, hov/ever, and 
ultra, who did not care a fig for the Union, and who were 
in constant communication with the traitors at Washington, 
soon became bitter opponents of the Governor, and favored 
forcing slavery upon the new State by injustice and fraud, 
regardless of the consequences. 

This is a very important point, not only in the history o f 
Kansas as making the beginning of the overthrow of slavery 
in the Territory, but also in the history of our common 
country, in clearly revealing the designs of subverting the 
Union by the slave propagandists, who pressed the Lecomp- 
ton measure, all the more zealous, as it tended to involve the 
whole country in war and destroy the general Government. 
We shall have occasion to notice with what pertinacity they 
urged the measure in Congress when we reach that period 
of time. 



1858.] POLITICAL PARTIES. 529 

The pro-slavery party in Kansas, almost en mass, at first 
manifested a disposition to fall in with Governor Walker's 
plan, even the most rabid remaining quiet though not al- 
together relishing his views. At the convention, held on 
the 3d of July, 1867, at Lecompton, the policy of Walker 
was endorsed, and a resolution to sustain the constitution, 
whether submitted to the people, or not, was tabled by a vote 
of 41 yeas, to 1 nay. 

But as quick as the Lecompton scheme was manufactured 
at Washington and transmitted to the Territory, the radi- 
cal pro-slavery men became loud in their denunciations of 
the Governor, as is shown by the convention on the 7th of 
December, whose action we have before narrated. It was 
then that this scheme of forcing slavery upon the people by 
fraud was clerely developed. This faction remained incon- 
siderable, as shown by their vote for State officers and, after 
the defeat of their darling project, affiliated with the Demo- 
crats. 

Political factions seldom survive a war of their own wag- 
ing. The free state party, which had presented such a solid 
and unbroken front to its adversaries, and so victoriously 
repelled armed invasion and aggression, that stood so united 
and firm against the combined forces of legislation, force 
and Federal authority, was not an exception to this rule, 
but perished in the hour of triumph. Disintegration in it 
can be traced to the time when Governor Walker declared 
that the October election should be conducted fairly and 
justl}', not under Territorial legislation but under the act of 
Congress, organizing the Territory. Though a division of 
opinion arose, with regard to contesting certain elections, 
still it preserved itself almost intact until after the October 
and January elections, which it carried with strong majori- 
ties. 

The cause of division among the free state men was not 
in the ends to be attained ; for all desired to make Kansas 
a free State ; but it was in regard to the best means for ac- 



530 HISTORY OF KANSAS TERRITORY. 

complisliing that result. A few had held, from the time the 
question was first raised, that it was too^humiliating, and in- 
consistent with former resolutions and acts, to recognize in 
any way the Territorial authority. Others admitted that it 
was humiliating, but believed that by taking possession of 
the Territorial Legislature, they would disarm their enemies, 
and could turn their efiective battery upon them ; that sac- 
cess was what they sought, and hence were willing to hum- 
ble themselves that they might be exalted ; that having 
taken possession of the Territorial Government, they would 
more likely and easily accomplish the object of the Topeka 
State organization. 

"When the Territorial Legislature met at Lawrence strong 
eftbrts were made by the firm adherents to the State move- 
ment to prevail upon that body to remove legal obstruc- 
tions in the way of the full and practical establishment of 
the Topeka State Government, and to co-operate in uphold- 
ing and maintaining it. But the Territorial Legislature, 
though strongly free state, declined to run^the risk of sup- 
planting itself — a legal body — by one not so recognized by 
the Federal Government. 

The State Legislature adjourned, after remaining in ses- 
sion about ten days, with the understanding that it would 
re-assemble at Topeka on the 4th of March, then and there 
to complete and perfect the State Government, if the Ter- 
ritorial Legislature should open up the way. But the Leg- 
islature had made difterent provisions, and public opinion 
with reference to the Topeka Government had continued to 
change. " It was now generally conceded that the Topeka 
Constitution was but a temporary expedient to afford a ral- 
lying point and shelter to free state men while contending 
against slavery and oppression; that the emergency for 
which it had been framed, was past, and it had better be 
abandoned, as a more regular and unobjectionable course 
could be pursued in order to attain the same object. 

The Territorial Legislature, therefore, instead of putting 



1858.] POLITICAL PARTIES. 531 

forward the Topeka Government, provided for a convention 
to frame a new constitution, with all the safe-guards and 
regularities of law. Thus, it was thought, that the objec- 
tions to the Topeka and Lecompton Constitutions would be 
obviated, and a speedy and safe admission of Kansas into the 
Union secured. 

There was also much prejudice entertained against the 
Topeka Constitution by the free State Democrats, who re- 
garded it as irregular and partisan in its formation. B}'- 
calling a new convention these prejudices would be removed 
and all free state men united in supporting and pushing 
forward a State Government. 

A few still clung to the Topeka State organization and, 
hence, when the time arrived for the Legislature to con- 
vene, according to the provisions of the constitution, on the 
4th of March, these few assembled at Topeka. But the 
leading men ot its originators had deserted it, and were not 
present. Xo quorum presenting themselves, those present 
appointed a committee to prepare an address to the people, 
and adjourned. Thus ended the Topeka free state govern- 
ment — deserted and abandoned by those who originated it. 
It never had any vitality, nor was it designed to have, until 
Congress should impart it by a recognition of it, as embody- 
ing the will and wish of the people of Kansas, or until it 
was ascertained that all peaceable remedies had failed, and 
forcible resistance furnish a prospect of success in ridding 
themselves of the foreign legislature , fraudently thrust 
upon them. It can scarcely be termed a government ; for 
it never had more than a passive existence. Its originators 
were neither revolutionists nor traitors, but freemen, who 
had resorted to it as a measure to throw off oppression. 
They held the Topeka Constitution up before Congress, and 
asked that body to clothe it with authority and power, 
When the difficulties, which it was designed to meet, were 
removed, it was wisely abandoned. 

The delegates (lOl^in mimber) to the Constitutional Cod- 



532 HISTORY OF KANSAS TERRITORY. 

vention were elected by about 9,000 votes. ISTo great in- 
terest was manifested in the matter, as considerable doubt 
was thrown upon the legality of the act creating the con- 
vention. The bill was sent to the Governor, who retained 
it without sending in his objections. The House at the ex- 
piration of the time given him to retain it, as was sup- 
posed, passed action upon it again and adjourned. But 
upon a more thorough investigation of the length of a legal 
day, it was found that they had adjourned before the expi- 
ration of the time allowed the Governor to return the l)ill. 

The convention assembled at ISIineola on the 23d of 
March, and on the second day adjourned to Leavenworth. 
It was in session eleven days, and adopted a constitution 
similar to the one framed at Topeka, leaving out some of 
its objectionable features. It was characterized by a more 
radical and liberal spirit. The rights of women in property 
were better protected ; all male citizens over twenty-one 
years of age were entitled to vote ; schools were to be 
thrown open to all colors. The constitution was to be sub- 
mitted to the people for their ratification or rejection, on 
the third Thursday of May, and an election held at the 
same time for State oflicers under it. A copy of it was to 
be forwarded to Congress upon its ratification, and if Kan- 
sas was admitted as a State under it, the State Government 
was to go into immediate effect. 

According to the call of the " Concentrated Committee," 
a convention was held at Topeka on the 28th of April to 
nominate candidates for State offices. The following- 
ticket was framed : Governor, II. J. Adams ; Lieutenant 
Governor, C. K. Holliday ; Secretary of State, E. P. Ban- 
croft; Treasurer, J. B. Wheeler; Auditor, G. S. Ilillyer ; 
Attorney General, C. A. Foster ; Representative in Con- 
gress, M. F. Conway ; Superintendent of Public Instruc- 
tion, J. M. Walden. The convention passed a resolution to 
the effect that if Kansas should be admitted into the Union 
under the Lecompton Constitution, then pending before 



1858.] POLITICAL PARTIES. 533 

Congress, without a condition precedent, that said consti- 
tution, at a fair election, shall receive the ratification of the 
people of the Territory, then they should put the Leaven- 
worth Constitution and Government under it into active 
operation and support, and defend the same at all hazards. 

They instructed the people to vote for or against negro 
suffrage, and mixed schools of colored and white childreu, 
assuring them that such an action would operate as in- 
struction to the first Legislature, to provide for the consti- 
tution in that respect. 

The nominees of this convention, of course, were elected. 
The constitution was adopted. But the vote was exceed- 
ingly slim, as a great many free state men either did not inter- 
est themselves in the matter, or threw their influence against 
it. There were about 3,000 votes for it and 1,000 against it. 
The cause of this indifference was the doubts about its leo:al- 
ity, the objections many had against it, and election on the 
English bill which engrossed the attention of the public. 
Before the Constitutional Convention adjourned at Leaven- 
worth, advices from Washington assured the free state men 
that there was no hope in Congress for the success of the 
constitution thus framed, from the fact that there had been 
no enabling act passed by that bod}- authorizing the call for 
the Constitutional Convention. It was in consequence of 
this assurance that the movement was treated with such in- 
difference; but the Leavenworth Constitution lingered 
along, and finally reached the Senate of the United States. 
It was presented to that body with a petition asking the 
admission of Kansas under it, on the 6th of January, 1859, 
and found a grave in the Committee on Territories. 

On the 2d of August, 1858, the election on the Lecomp- 
ton Constitution as proposed in the English bill, was held. 
A general interest was manifested and the people, irres- 
pective of party, cast their votes against it. The proposi- 
tion was rejected by 11,300 to 1,788 votes, making a ma- 
jority against it of 9,512. Thus was this insulting proposi- 
6b^ 



534 HISTORY OF KANSAS TERRITORY. 

tioii made by Congress, to bribe the j^eople of Kansas and 
control their action, indignantly cast beneath their feet. 

The previous Legislature, among the many oversights 
of which it was guilty, failed to make any new apportion- 
ment ot representatives in their body. Eiforts were made 
to remedy this, by inducing the Governor to make a new 
apportionment himself, or call an extra session of the Leg- 
islature for that purpose. He replied that he had no au- 
thority to make the apportionment himself, nor would he 
call an extra session of the Legislature, as he would have 
no guarantee that they would attend to the matter when 
assembled. Accordingly the election was held under the 
old unfair and unjust apportionment. The free state party, 
including the Republicans, who had not formally separated 
from it, carried the election with large majorities. 

The disintegration of the two great conflicting parties, 
which had been going on for more than a year, was com- 
pleted this fall. The pro-slavery party really became de- 
funct in the fall of '57, but the radical element of it con- 
tinued to cherish a hope from the Lecompton Constitution. 
When it was hurried beneath the ballots of an outraged 
people, the last light of the pro-slavery party, which had 
kept the nation in commotion for four years, was extin- 
guished. Its members, after the party itself became inac- 
tive, lavored with free state Democrats. 

Immediately after the October election, (1857), a call was 
made by the Chairman of the Central Committee for a free 
state delegate convention, to be held at Lawrence on the 
11th of November, 'Mo discuss various questions connected 
with the present political organization of the Territory, and 
to determine the true policy of the party ;"'' to consider 
the question of the speedy admission of Kansas into the 
Union as a free State." It seems not to have been gene- 
rally attended, but developed clearly the design and wish 
of partisans to organize the Republican party. On the 
other hand, there was a large portion of the free state men 



1858.] POLITICAL PARTIES. 535 

opposed to its organization, consisting of two classes — those 
desiring the preservation of the free state organization 
until Kansas should be admitted into the Union, and those 
who were tornieriy Democrats, and were opposed to Re- 
publicanism on national issues. All sincerely desired Kansas 
to be a free State, but all felt there was no question as to 
that result. The point of ditference arose in the desire for 
individual advancement and party renown. Some wished 
the "Old Free State Party" to remain a unit until the 
((uestion was fully decided by the admission of Kansas into 
the Union, and thus let it have the honor of triumph. On 
the other hand, a great number declared that the question 
had already been decided, the contest was over, and the 
results would come in due time, and being in a majority, 
Republicans, favored the organization of that party, while 
outside influence was brought to bear to accomplish the 
same object. 

As an oftset to this eftbrt to organize the Republican 
party an attempt was made to reconstruct the Democratic 
party in such a way as to engraft the Democratic element of 
the free state party upon the conservative trunk of the pro- 
slavery party of Kansas. It was claimed that slavery was 
no longer an issue, and that the most radical had aban- 
doned their efforts to make Kansas a slave State ; that by 
(organizing under the ensign of Democracy, and upon the 
basis of the old pro-slavery party, which had always pos- 
sessed the ear of the Administration and influenced its ac- 
tion, they — the conservative Democrats of Kansas — could 
thus retain all the influence of the defunct pro-slavery 
party, and control the politics and elections of Kansas, 
despite the Republicans. This all seemed very satisfactory, 
but it was with great difliculty that a platform was con- 
structed upon which such incongruous elements could unite, 
at a convention held for that purpose at Leavenworth, on 
the 24th of November, 1857. The platform was rather a 
non-committal aftair, favored excluding free negroes from 



536 HISTORY OF KANSAS TERRITORY. 

the State, and denied the sovereign power of Congress over 
the Territories. The movement, like the elfort to organize 
the E,epublican party, was a faihire, the free state men re- 
garding it as an efibrt on the part of the pro-shivery men 
to retain their power and controL But, nevertheless, like 
the Republican efiort, it gave direction to public sentiment 
and around its ensign, around which had rallied the Ruf- 
fians of '55 and '56, rallied the tree State Democrats of '58, 

But these primary attempts to reorganize the old na- 
tional parties in the Territory, gave shape to public senti- 
ment. New comers arriving, knew nothing about the old 
organizations, and readily fell in with the new. In fact, by 
the spring of '58 there were more new emigrants than 
than those who were here during the troubles. 

In the spring, therefore, the people were ready for the or- 
ganization of these two great national factions. A strong 
effort was made by some to preserve the unity of the free 
state party. A convention was held at Big Springs on the 
12th of May, 1859, and an attempt made to rally to its 
standard free state men, and reorganize the other forces of 
old party. They passed a resolution that it was the duty of 
all free state men, as in '55, to eschew minor diflierences 
and political distinctions, and unite upon the broad platform 
of laboring together to make Kansas a free State. But 
the effort was vain. The free state party, like the Topeka 
Constitution, was buried in the place of its birth. It had 
been a power in its day, but, having served the purpose for 
which it was created, it was abandoned. 

It is worth observing that those who most strongly con- 
denmed the adherents to the Topeka Constitution were them- 
selves the tenacious adherents to the free state party. 
While, on the other hand, those who favored putting the 
Topeka government in advance of the Territorial Legisla- 
ture, on failing in this object, endorsed the Leaven- 
worth Constitution, failing again, triumphed in organizing 
the Republican party. 



1859.] POLITICAL PAETIES. 537 

The Democratic party, composed chiefly of those who 
affiHated with the pro-slavery party, perfected its organiza- 
tion at Lecomptonon the 11th of May, 1859. They neither 
endorsed nor condemned the Administration, but adopted 
the principles of their party as enunciated by Jefferson and 
Jackson. They denounced the Lecompton Convention 
movement, were for excluding free negroes, &c. 

The Republican party was fully organized at Osawatto- 
raie the 19th of May. Horace Greeley was present and made 
a speech. The convention adopted resolutions condemn- 
ing the Administration and opposing the extension of 
slavery, but did not assume the radical and partisan char- 
acter which Mr. Greeley desired. 

There was but little difference in the platforms of the 
difterent parties. The slavery issue — the great national 
issue — was not at all applicable to Kansas politics, as it 
had long before given up the contest. Tlie organization 
of these parties was the inauguration of that confusion and 
personal bitterness that has always characterized Kansas 
politics. Her early troubles attracted to her soil men of 
talent and ambition. iSTever could a new Territory boast 
of so many able and enthusiastic young men. The trou- 
bles had made them querulous; when these had subsided 
each one was ready to cast everything aside that stood in 
the way of his aspirations. Xo party nor principle could 
carry them through, for there was little distinction in par- 
ties ; they were but in their infancy. OfHce-seeking, there- 
fore, became a personal strife, an individual contest between 
men of equal merit and ability. 

The Territorial Legislature convened at Lecompton on 
the 3d of January, 1859, and on the following day ad- 
journed to Lawrence. A. Larzalere was elected Speaker of 
the House, and C. W. Babcock President of the Council. 
This body was composed of more experienced and efficient 
men than its predecessor. They applied themselves know- 
ingly and earnestly to their work. A committee was ap- 



538 HISTORY OF KANSAS TERRITORY. 

pointed to codify the laws, who reported from time to time 
during the session for the action of the Legislature. In 
their final report they say: "The enactments of 1855, 
known as the ' Bogus Statutes,' have heen supplied, and are 
ready for repeal — a consummation long looked tor and 
earnestly desired by a large portion of the people of the 
Territory. The general laws of 1857 are ready for the 
same fate. The laws of 1858, to which we were confined 
as a basis, have been revised and supplied. The code ot 
civil procedure remains substantially the same." 

On account of the treaty made b}^ General Denver at 
Fort Scott in the spring, he became unpopular with the 
Democratic party, and in consequence of this, the Adminis- 
tration being unable or unwilling to sustain him, he resigned 
in October. 

In December, Samuel Medary was appointed Governor. 
He was a native of Ohio, and formerly editor of the " Ohio 
Statesman." On the accession of Mr. Buchanan to the 
Presidency, he was appointed Governor of the Territory of 
Minnesota, which position he filled until it was admitted 
into the Union as a State. He was then made postmaster 
at Columbns, Ohio, from which he was transferred to the 
Governorship of this Territory. He was a man of ordinary 
abilitj", arid a devoted follower of the Administration. He 
remained Governor until after the State was admitted into 
the Union, and resigned a short time before the State Gov- 
ernment went into effect. 



1858.J TROUBLES IN SOUTH-EASTERN KANSAS. 539 



CnAPTER XLVIII. 

TROUBLES IN SOUTH-EASTERN KANSAS. 

The difficulties in south-eastern Kansas continued, not- 
withstanding tlie treaty ofl'ected by Governor De'nver. 
Personal encounters, neighborhood broils, thieving and rob- 
bing were in no way abated. It would require a volume 
larger than this to contain a full account of the many 
frightful rencounters, horrid outrages, and shocking mur- 
ders that belong to the history of that part of the Terri- 
tory. I can only give a brief sketch of leading items of a 
general character, and leave the others for the writers of 
biography and romance. Prom the fall of 1856 the wdiole 
of south-eastern Kansas was in constant state of excitement, 
overrun by predatory bands oppressing free state men, who 
would rise in mass at times, and retaliate upon pro-slavery 
settlements for harboring the Ruffians. This would be fol- 
lowed by other acts of retaliation, and thus a continued 
tumult, or civil war, prevailed. 

Soon after the treaty, two free state men who liad some 
horses stolen by a party of nuiurading Missourians went 
over into Missouri in hope of recovering them, and when 
near Papinsville were taken prisoners, led into the woods 
and shot. They were left for dead, but one, though badly 
Avounded, finally reached his liome in the Territory. The 
settlement on the Little Osage was visited b}' a second foray 
of ]\Iissourians and plundered, shortly after the above oc- 
currence. Secret societies were formed among the pro- 



540 HISTORY OF KANSAS TERRITORY. 

slavery men for tlie purpose of assassinating the leading 
characters whom they feared. In accordance with this 
plan, Montgomery's house was assailed by about thirty men. 
The}^ secreted themselves near the cabin, and when the 
door was opened, fired a volley of buck-shot into the room, 
some of which hurried themselves in a bed on which was 
lying Mrs. Montgomery and her child, while others specked 
the surrounding walls, but fortunately injuring no one. The 
door was instantly closed, lights extinguished, Montgomery 
and Eegai flew to their arms and stood by the port-holes of 
the cabin, eagerly peering out into the darkness for the 
enemy. The Ruffians dared not show themselves, and 
judging from the silent darkness of the room that Mont- 
gomery was prepared for them, they evidently thought best 
to retire. After various attempts of this kind. Captain 
Montgomery gave his boys privilege to operate against the 
enemy in their own way, V\^ho soon cleared the country of 
these roving bands, and in some instances severely chastised 
them, although he himself remained at home, still observing 
the terms of the treaty. 

Next followed the arrest of Marshall, one of Montgom- 
ery's men, on an old writ issued before the treaty. This 
highly incensed his neighbors, who reported the aftair to 
Montgomery, and solicited his interference. He immedi- 
ately wrote to Marshal Campbell that this act was a breach 
of faith, demanded tljc release of Marshall, and intimated 
the consequence in case of a refusal. The prisoner was in- 
stantly raleased. 

During the summer, emigrants arrived in vast numbers 
from the free States, and prosperity began to dawn upon 
this unhappy people. Comparative quiet reigned, with the 
exception of some robbing and stealing, tl^ough hostile feel- 
ings still rankled in the breasts of many settlers. 

Slavery clung to south-eastern Kansas with a tenacious 
grasp, in order to preserve for its heritage the broad and 
fertile lands included in the Indian Territory. "WTienever it 



1858.] TROUBLES IN SOUTH-EASTERN KANSAS. 641 

should be thrown open to settlement, slavery would again 
be defeated. In ISTovember, a free state man by the name 
of Rice was arrested, for an ofiense committed early in the 
spring, during the troubles, and thrust into the jail at Fort 
Scott. Montgomery, regarding this as his neighbors did — 
a violation of the treat}' — made a demand for his release, 
which was defiantly refused. A few gentlemen on the 
Osage, apprehending a renewal of difficulties, interceded to 
prevent the threatened calamity, and, at their instance, a 
convention was called at Raysville, with a view of bringing 
about a reconciliation. At this meeting, the Fort Scott 
gentry repudiated what was termed the secret article 
of the treaty, viz : that no indictments nor arrests should 
be made for past ofienses. There was, therefore, no com- 
promise effected, but the convention broke up with every 
indication of a brewing storm. 

John Brown, with his party ot men, had fortified them- 
selves m a log house not far from Montgomery's, and on 
his claim. They had come down in the spring to assist the 
free state men, and, after the treat}'-, had retired to this fort 
to await developments, giving their neighbors the assurance 
that they had settled there to be peaceable or to fight, just 
as they were treated. Brown had around him the same 
men that accompanied him to Harper's Ferry, who, like 
their leader, were brave, fearless and determined ; but un- 
like him, were actuated by the love of adventure instead of 
a heavenly calling. 

As Montgomery was returning from the Convention, he 
was informed that Brown's fort had been menaced with 
destruction. He hurriedly collected fifty men, claimed the 
log house as his property, and proposed to defend it as such. 
The following day McDaniel, with four hundred men, came 
to Montgomery's, and solicited a conference^ for the purpose 
of seizing him. Montgomery and his men were in the 
house, prepared for an an attack, but did not go out. His 
wife, who was in the yard, to whom McDaniel had directed 
66 



542 HISTORY OF KANSAS TERRITOR . 

his remarks, replied that she presumed ii he would come in 
a civil manner, without an armed band, that her husband 
Avould readily comply with his request ; but, as it v/as, if he 
wished to see her husband, he would have to enter the 
house. McDaniel, viewing the dark port-holes of the fort- 
like constructed cabin, and fearing that it was tilled with 
the contents of the Trojan horse, had not the courage to 
approach the door, so he retired v/ith his force. 

It is proper to remark tliat McDaniel was a free state 
Democrat, belonging to that party which was organized at 
Leavenworth, the members of which, together with those 
who adhered to the Old Free State Party, w^ere opposed to 
Montgomery with as much hostility as the pro-slavery men. 
They slandered and abused him and his men in public 
prints, representing them as thieves, robbers and assassins, 
and sought their destruction more from political animosity 
than personal grievances. The Republicans warmly en- 
dorsed Montgomery and his associates in all their actions, 
with few exceptions. 

The free state Democrats, seeing that they could not de- 
stroy Montgomery, whose influence in that section of the 
Territory was unbounded, concluded it best to win him 
over to their favor. McDaniel, accordingly, returned the 
next day alone, and was at once admitted to an interview. 
He assured Montgomery that the free state Democrats had 
agreed to endorse his conduct, proposed a public coventiou 
tor that purpose and invited him to attend. 

Meantime, Brown drew up a series of resolutions that 
should serve as a basis of affiliation. These were presented 
at the meeting and adopted. The most important one pro- 
vided that ^' those violent pro-slavery men who had been 
forcibly expelled from the country, should be forever kept 
away, as a just punishment for their many aggravated 
crimes."' The coilvention fully endorsed Montgomery and 
his men, and received them into fellowship. 

Montgomery, having not yet abandoned the resolution to 



1858,] TROUBLES IN SOUTH-EASTERN KANSAS. 543 

release Rice, remained quiet a short time, that the gentry at 
Fort Scott might be off their guard. On the night of the 
15th of December, he and sixty-eight men, with one piece 
of artillery, through darkness, snow and ice, wended their 
way to that village, and arrived on its outskirts about sun- 
rise. Here he halted, separated tlie men into three divis- 
ions, and assigned them their respective duties. The iirst 
was to seize the prominent citizens and hold them prison- 
ers ; the second was to form around the hotel ; and the third 
was to enter and release Mr. l\ice. It had been reported 
by the Ruffians that they had forty men in the hotel, 
guarding the prisoner, who could fire twenty times a piece 
without stopping to reload. Every division performed its 
part- most perfectly. Captain Montgomery, who had been 
previously informed of the prisoner's position, through a 
gentleman who had been permitted to carry an exchange 
of clothing to him, headed the party which entered the 
building. The doors were easily kicked open, except tho 
one opening into the prisoner's room, which was beaten 
down b}' a bed railing. The prisoner was found, and the 
staple holding his chains was loosed with an ax. The 
party and prisoner safely descended to the street. 

Meantime, the other divisions were performing tlieir 
work. J. II. Little had opened his store door and lired at 
the free state men, wounding Captain Seaman. The shot 
was instantly returned, the ball lodging in a volume of the 
Kansas bogus statutes. The store was then surrounded. 
Little, while peeping from a transom window, was killed 
by a shot in the forehead, scattering his brains on the floor 
— just one year from the day he attempted to capture the 
free state court. The assailants had determined, in case 
any resistance was offered, to burn the town. Accordingly, 
order was given for the store to !)e set on fire, and the 
torch was applied. But, on the second thought, Montgom- 
ery concluded, as his men were in needy circumstances, 
and, knowing that the store-room contained some good 



544 HISTORY OF KANSAS TERRITORY. 

clothing, thought it best to first supply thera wiih a nevr 
suit, 60 the fire was extinguished. It not being safe to enter 
the house by the door, the cannon was brought to batter 
tJhe building down. But at the intercession of Dr. Little, 
and some women in the house, the piece was not fired. 
The inmates were ordered to abandon the building, whicl: 
they did. The boys then entered the house, helped them- 
f^elves to clothing, but the money in the safe was not touch- 
ed, at the request of Montgomery. 

Captain Brown had accompanied the expedition on the 
first part of the journey ; but when within a few miles of 
Fort Scott he asked Montgomery what was his plan of at- 
tack, to which the reply was given, that he had none ; he 
refused to go any further, having no faith in the project 
without a well arranged plan of operating. Upon the re- 
turn of Montgomery and his men, he congratulated them 
on their success, praising the mode in which the assault waa 
conducted. Montgomery seldom arranged his plan of at- 
tack in detail, leaving himself to shape his action as occa- 
sion might demand. 

Brown and his party then retired to Little Osage, where 
three days afterwards a fugitive slave stumbled upon their 
encampment, and immediately made known a tale of woe 
and sorrow, stating that " he, together with his wife, two 
children, and another negro man was to be sold within a 
day or two, and he begged for help to get away." On the 
following night Brown and his party went over to Missouri, 
liberated fourteen slaves, and returned with them and their 
efl'ects to Kansas. In this foray one pro-slavery man was 
killed. 

This occurrence produced a wonderful excitement all 
over the country. The Governor of Missouri ofl:ered a re- 
ward of $3,000, and the President of the United States 
§250, for the apprehension of Brown. Great fears were ex- 
perienced lest the Missourians would cross over and re- 
taliate upon free state men. Brown acted the part worthy 



1858.] TROUBLES IN SOUTH-EASTERN KANSAS. 545 

of a hero, sendiug the negroes on to Osawattomie, while he 
placed himself and men on the Border, to shield his friends 
from the danger which he had occasioned. There he re- 
mained and watched until the storm blew over. He theil 
proceeded to Osawattomie, took charge of his train and set 
out for Canada. At Holton forty-two pro-slavery men 
made a charge upon him, but were badly routed and four 
taken prisoner, who were detained five days, not allowed to 
swear, and compelled to say their prayers every morning 
and evening. 

The following is an extract from a highly partisan letter, 
written by Judge Williams to Governor Medary, immedi- 
ately after the occurrences above noticed, and will show the 
state of feeling in Fort Scott at the time : 

" We are here with all the public records of the courts, 
the laud offices, as well as the private property of our citi- 
zens at the mercy of these outlaws and desperadoes. Wo 
have mustered some seventy men, partly armed ; with these 
we keep watch day and night. Our women and children, 
many of them both from town and neighborhood, have 
gone for safety to Missouri. Xight before last, our guard 
was fired upon by some of these bandits. We have been 
expecting another attack since the murder of Little, on the 
16th inst., as these miscreants have been seen in small 
bodies hovering arouud us. They do not pretend to se- 
cresy of their designs. They openly avow them. They 
are about completing the last of these forts. We received 
information on yesterday, that Montgomery and Brown had 
forty men engaged in finishing the fort on Osage, so aa to 
defy the United States troops, should they be put into re- 
quisition to capture them. On the night before last, the 
same men attacked Brownville, quite a clever town, on the 
military road, about twelve miles from this place, and 
literally cleaned it out, both of inhabitants and property, 
leaving but one man in it unharmed, and robbing, of the 
last article, the store of Mr. Chance. Now I wish one thing 
to be noted as a fact indispensable. It is this ; that during 
last fall, winter and spring, and now this winter, there has 
been no instance of these outlaws troubling the many 



546 HISTORY OF KANSAS TERRITORY. 

towns and cities laid out, and owned by the members and 
ao-ents of the " Massachusetts Emigrant Aid Society," and 
they drive out of the Territory and rob none but pro-shi- 
very men and national Democrats. These facts clearly show 
a systematic programme, made up by and emanating from 
headquarters. Before this fall Montgomery and Brown 
were the only head bandits ; now we have Osawattomie 
Brown and the man styled Rev. M. Brockman. Instead of 
two, making four companies of murderers, robbers num- 
bering about 200, oath bound to bloody purpose. This fall 
iii accordance with Mr. Seward's Rochester speech, the in- 
stitution of slavery has been boldly attacked in the States 
where it exists, by invading Missouri, murdering one of its 
citizens, carrying"oif some twelve slaves, robbing some five 
or six iamilies and driving them from their homes witli 
notice not to return on pain of death. This is the small 
domestic army familiarly talked of by Judge Conway, Mr. 
Wio-hman and their Massachusetts friends, in their corres- 
pondence of last fall, -when they sent for m.ore money, &c. 
The men composing these companies are nearly ail young- 
men, evidently sent to Kansas to do theworkin which they 
are engaged. They are well armed with Sharp's rifles, and 
two revolvers each. They do not pretend to work or have 
homes. In a word they are in a position of a standing or 
ready army, so that they boldly condemn the civil law. 
We have tried to execute writs, but so many are the sym- 
pathizers of these men, while others are held in fear, that, 
although about 100 writs have been issued on informations 
and indictments, not one can be executed. What, then, re- 
mains for the people of this region? It is for you to say, 
sir. I am clearly of the opinion that nothing but martial 
law carried out by the strong force of the United States 
can save this part of Kansas from utter prostration and 
ruin." 

The difiiculties in southern Kansas earl}- engaged the at- 
tention of the Legislature, at wdiose request the Governor 
presented a pro-slavery version of them. To remedy the 
evils in that pari of the country, the jurisdiction of Douglas 
county was first extended over the infected district, and 
the prisoners ordered to be brought to Lawrence for trial, 
away from the scene of strife. Montgomery went to Law- 



1858.J TROUBLES IN SOUTH-EASTERN KANSAS. 547 

reace and gave himself up for trial, while the Marshal was 
sent to arrest his men and bring witnesses. But it soon 
became apparent that this measure would avail little in re- 
storing peace and tranquility, and a general amnesty act 
was soon passed by the Legislature, to the following effect: 

" Section 1. That no criminal oifenses heretofore com- 
mitted in the counties of Lykin, Linn, Bourbon, McGee, 
Allen and Anderson, growing out of any political difference 
of opinion, shall be subject to any prosecution on complaint 
or indictment in any court whatsoever in this Territory. 

" Section 2. That all actions now commenced growing 
out of political differences of opinion shall be dismissed." 

This act taking effect immediately after its passage, par- 
doned and liberated the prisoners then in custody. Oon- 
siderable excitement prevailed on the following day, by the 
advent of Captain John A. Hamilton, in charge of sixteen 
free state prisoners. He was supported by an armed guard. 
He had not heard of the amnesty act, and was returning 
prisoners according to the directions of the Court. As they 
entered town, the cry was raised that this was Captain 
Hamilton, who committed the murders at Choetau's Trad- 
ing Post, whereupon a crowd collected and assaulted the 
new comers. The guard was disarmed, the prisoners res- 
cued and taken to the blacksmith shop, where their chains 
were cut off and they set at liberty. A general cry was 
made for Hamilton, and the whole town was, for a short 
time, filled with commotion. Several shots were fired, but 
fortunately no one was hurt. Quiet was however soon re- 
stored, by its being explained that this was not the mur- 
derer Hamilton, but a stanch free state man of the same 
name. The arms taken from the guard were never re- 
stored. 

In presenting the troubles of south-eastern Kansas, I 
have traced the oj)erations and movements of Captain Jas. 
Montgomery, as the best method to give a clear and con- 



648 HISTORY OP KANSAS TERRITORY. 

secutive view of events. It should be remembered that 
others operated in that section of the country, such as Cap- 
tains Jennison and Bayne, who are frequently leaders of 
bands against the Ruflians. Many others performed indi- 
vidual exploits, met with frightful rencounters — in short, 
everybody, every settler, was a soldier, and waged war on 
his own hook. It would, therefore, be impossible, in a book 
of this size, to narrate all the personal incidents of import- 
ance and interest connected with this subject. Captain 
Montgomery was the Chief of Jayhawkers, and did more 
than all others in this mode of warfare, and whose move- 
ments are really historical. 



1859.] VARIOUS ITEM8. 549 



CHAPTER XLIX. 

VARIOUS ITEMS. 

The first Legislature at its second session in 1857, passed 
an act providing for the auditin,"; of claims, " for naoneys 
actually expended for the purpose of maintaining, and car- 
rying into effect, the laws of the Territory, or for the pur- 
pose of suppressing any rebellion or insurrection, whether 
sustaining the militia, or any other posse of the Marshal, or 
Sheriff of any county of the Territory;" for "the loss of 
property, or consequent expenses at and time since the 
passage of the act organizing the Territory," growing out 
of political difiiculties. 

" The act provided for the taking of testimony in sup- 
port of such claims, collections, and certificates of vouchers, 
and making a true and correct statement in duplicate of 
such accounts, and to be laid before the next Congress of 
the United States, and the other before the next Legisla- 
tive assembly of Kansas Territory, to the end that proper 
and united effort might be made to obtain from Congress 
compensation and indemnity for the losses, expenses and 
damages incurred by the citizens of the Territory, without 
distinction of party." 

Hon. Wilson Shannon was first appointed to audit these 
claims, but declining to serve, Hon. H. J. Strickler was 
chosen to fill his place. Having given proper notice to 
67 



550 HISTORY OF KANSAS TERRITORY. 

claimants, he held sessions to hear and receive testimony, 
and audited claims in various localities in the Territory 
during the month of September, October and x*[ovember. 
"Accordingly, three hundred and fifty claims were present- 
ed under oath, with corroborating testimony of two or more 
witnesses." The amount claimed by this report was ^301,- 
225, and ^254,279 28 were allowed, Thirty-eight thou- 
sand nine hundred and forty-two dollars and ninety cents of 
this were of the public class, and the remainder of a private 
character. 

This report was submitted to the Legislature in 1859, and 
ordered to be printed. The report, though impartially 
made, was imperfect, from causes over which the commis- 
sioner had no control. Many had no faith in the plan of 
indemnification ; others were politically hostile to the com- 
missioner, and would not appear before him ; no provisions 
were made to compel the attendance of witnesses and con- 
sequently the proof rested on interested testimony. The 
Legislature, therefore, determined to provide for ascertain- 
ing more fully and correctly the losses sustained by the set- 
tlers during the troubles in the Territory. 

An act was accordingly passed providing for the appoint- 
ment of three commissioners, one by the Governor, one by 
the Council, and the third by the House of Representatives 
of the Territorial Legislature, Avhose duty should be " to 
audit and certify all claims for the loss of property taken or 
destroyed, and damages resulting therefrom, during the 
disorders which prevailed in this Territory from November 
1, 1855, to December 1, 1856.'' They should fix the times 
and places of holding their sessions, prescribe such rules and 
regulations concerning the taking of testimony as they 
should deem proper, were empowered to appoint clerks and 
enforce the attendance of witnesses. Tliey were required 
to take an oath to support the Constitution of the United 
States, the organic act, and to faithfully discharge their 
duties. They were required to examine the evidence taken 



1859.] VARIOUS ITEMS. 551 

by the former commissioner, and adopt or reject it, as they 
should deem just and right. The provisions of this act ap- 
pUed onl}^ to those who Avere settlers at the time the losses 
occurred. 

"Upon the completion of the te&timony and the record- 
ing of the award in each case, the commissioners shall, upon 
the demand of the claimant, deliver to him a certificate of 
such decision or award. And on or before the first day of 
September, 1854, said commissioners shall close their pro- 
ceedings under this act, and make up and file in duplicate 
in the office of the Secretary and in the office of the Audi- 
tor of the Territory, a statement of all claims presented, 
and the amount, if any allowed thereon ; and they shall also 
file in the office of the Secretary of the Territory, all testi- 
mony, vouchers, papers and documents pertaining to their 
investigations." 

It was made the daty of the Constitutional Convention 
afterwards to assemble to make suitable provisions for the 
payment of these claims, by the Federal Government, by 
incorporating in the ordinance to be submitted with the 
Constitution, a provision to that eftect. By a supplemen- 
tary act an attorney was to be appointed by the Legislature 
to attend the commissioner to assist in the investigation. 

Accordingly the Council elected H. J. Adams; the House, 
S. A. Kingman, and Edward Iloagland was appointed by 
the Governor, as the three commissioners. On the recom- 
mendation of Governor Medary, William McKay was 
elected attorney by the joint votes of the Legislature. 

This committee faithfully and fully discharged their du- 
ties. They examined witnesses, received testimony and 
passed judgment upon four hundred and eighty-seven 
claims. Only one hundred and ninety-six of those audited 
by Mr. Strickler were presented to this 13oard. The mass 
of testimony, fully revealing the private designs and work- 
ings of individuals, and the fearful character and extent of 
the troubles in Kansas, through two of the most boisterous 



652 HISTORY OF KANSAS TERRITORY. 

years, was published by order of Congress, making two 
large octavo volumes, of eight hundred and ninety-two 
pages each. It furnishes valuable material to the historian 
in forming a correct conception of the Kansas wars. The 
testimony was taken when the issue which caused the 
troubles no longer existed, and political excitement had 
died out. It was prepared by three gentlemen well quali- 
fied for the work — noted for their exactness, magnaminity, 
and justice. Mr, Hoagland has since died, Mr. Kingman 
has become Judge of the Supreme Court of Kansas, and Mr. 
H. J. Adams has occupied various positions of public trust. 

According to this report, losses were claimed by the set- 
tlers to the amount of $479,973.92 ; and the Commissioners 
awarded, and issued certificates for §454,001.70. Of this 
allowance there was $37,349.71 for crops destroyed ; sev- 
enty-eight buildings were burned or torn down; three hun- 
dred and sixty-eight horses, and five hundred and thirty- 
three cattle were taken or killed. Out of §412,978.03 of 
this property destroyed, $77,198.99 were owned by pro- 
slavery men, and $335,779.04 by free state men. The 
amount of property taken or destroyed by pro-slavery men 
was $318,718.63; that taken or destroyed by free state men 
was $94,529.40. Thus it will be seen that each party took, 
or destroyed, property in an inverse proportion to the 
amount lost and the amount owned. The pro-slavery men 
did not own quite one-fourth as much as the tree state 
men, and destroyed almost four times as much. The free 
state men lost more than four times as much as the pro- 
slavery men, whereas, they only destroyed a little more 
than one-third as much. 

The Commissioners calculated that fifty thousand dollars 
more would cover the losses of all whose claims might 
thereafter be established. Then the total amount of prop- 
erty, proven to be destroyed during the Kansas troubles, 
would have reached the neighborhood of five hundred thou- 
sand dollars. 



1859.] VARIOUS ITEMS. 553 

This report accompanied the Wyandotte Constitution to 
Congress, with the request that Congress " appropriate five 
hundred thousand dollars, or in lieu thereof, five hundred 
thousand acres of land, for the payment of the claims 
awarded the settlers of Kansas, by the Claim Commissioners." 
But Congress refused to make this appropriation, and thus 
the people of Kansas Territory not only suffered from anxi- 
ety, privation, oppression and outrage, through the inactivi- 
ty of the general Government, which was then acting the 
part of a guardian towards her, but also the loss of five hun- 
dred thousand dollars worth of property. 

According to the provisions of the act providing for the 
adjustment and payment of these claims, making it "the 
duty of the Auditor of the Territory, upon the delivery to 
him of any certificate of award given by the said Commis- 
sioners, to draw his warrants on the Treasurer of the Terri- 
tory in such sums as may be required, for the amount 
therein named, in favor of the party to whom such award 
has been made, or to his order, and deliver the same on de- 
mand." 

The Auditor issued warrants of the above character to 
the amount of $349,933,63. The Treasurer, agreeable with 
an act providing for the funding of the Territorial debt, 
issued Territorial bonds on the face of the warrants, to the 
amount of §95,700 00, the law limiting the amount of debt 
to be thus funded to $100,000,00. These should bear in- 
terest, payable annually, and the principal should be paid 
in 1864, in ISTew York. 

But it seems not to have been the design of the legislators 
or a majority of them, in any way to saddle this debt upon 
the Territory, and make it responsible for the payment of 
the same, in the event that Congress did not assume it. 
Hence, matters became very embarrassing by the action of 
the Territorial officers, whereby almost one hundred thous- 
and dollars of this debt was taken up in bonds, for the pay- 
ment of which the faith of the Territory was pledged. The 



554 HISTORY OP KANSAS TERRITORY. 

subject engaged the attention of the Legislature in 1860, 
which failed to take any action upon it. The last Terri- 
torial Legislature appointed a committee to investigate the 
whole matter, which reported adverse to the payment of 
the bonds, and the Legislature passed an act in accordance 
with the report, but which failed to become a law, in con- . 
sequence of the Governor's veto and the admission of the 
State into the Union, while the subject was under consider- 
ation. But the same act became a law the March following, 
by the action of the State Legislature. 

This was not the only sacrifice made by the free state 
men of Kansas Territory. There was the State Govern- 
ment inaugurated in 1855, passively sustained and upheld 
for two years, costing days of hard labor, expense or travel- 
ing and loss of time. The old Executive Committee was 
authorized to issue script to the amount of §25,000,00, and 
§15,265,90 was thus employed in organizing the free state 
goveL'nment. The constitution empowered the State au- 
thorities to issue script, the full amount of which cannot be 
determined. The fate of that State Government was 
pledged, but it perished insolvent, and to-day can be found 
in many a Kansas cabin relics of its " departed worth." 
Conventions or elections were held almost every month ; 
the Territory was canvassed, arms and ammunition pro- 
cured, defenses constructed and soldiers maintained. Crops 
were not tended, stock fared no better fate. The people of 
Kansas, after having spent all they had, appealed to friends 
in the States, who generously responded. 

In accordance with the provisions of the English Bill, the 
Legislature passed an act for calling a convention to frame 
a constitution. ?lO ascertain whether the people wished a 
State Government, an election was held on the fourth Mon- 
day in March. At this election, 5,306 votes were cast in 
favor of it, and 1,425 against it, making a majority in favor 
of a constitution and State Government of 3,881. Being 
but little division of public sentiment upon the matter, there 



1859.] VARIOUS ITEMS. 555 

was no contest at the polls, which will account for the 
smallness of the vote. 

In pursuance with an act calling the convention the Gov- 
ernor announced this result, and issued his proclamation 
calling for an election on the first Tuesday of June for 
fifty-two delegates to the Constitutional Convention. At 
this election the highest number of votes was cast that ever 
was polled before in the Territory — about 14,000. 

These delegates met, in conformity with the law, at 
Wyandotte on the 5th of July. The following officers were 
elected: J. M. Winchell, President; J. A. Martin, Secre- 
tary ; J. L. Blanchard, Assistant Secretary ; G. F. "VVarren, 
Sergeant-at-Arms ; Ariel Draper, Reporter ; Rev. ]\I. R. 
Davis, Chaplain. 

The following list of committees was appointed : Pre- 
amble and Bill of Rights, Ilutchingson, Lillie, Han way, 
Perry, John "Wright ; Executive Department, Greer, Porter, 
Duttou, McDowell, Hubbard; Legislative Department, 
Thatcher, Arthur, K C. Blood, McClelland, Brown ; Mi- 
htia, Blunt, May, T. S. Wright, Hubbard, J. Wright ; Ju- 
dicial Department, Kingman, Thatcher, Burress, Greer, 
Blunt, Lillie, Perry, Slough, Stiuson, Parks, Wrigley ; Elec- 
tors and Elections, Towusend, Porter, May, Palmer, Arthur, 
Slough, Wrigley ; Schedule, Burress, Middleton, Ritchey, 
Hanway, Williams^ Ligalls, McCullock, McDowell, Hippie; ^ 
Apportionment, Preston, McCullock, Graham, Palmer, 
Thatcher, Arthur, Moore, Crockett, Ritchey, Hoft'nian, 
Ross, McDowell, Stiarwalt; Corporations and Banking, 
Graham, Burress, J. Blood, Lamb, Middleton, Stolks, Blunt, 
Crocker, Burnet, Griffith, Slough, Barton, Perry ; Educa- 
tion and Pu'blic Instruction, Griffith, Middleton, Stolks, 
Houston, May, McClelland, Hippie ; Coanty and Township 
Organizations, Ritchey, L. S. Wright, Preeston, McCullock, 
Moore, Simpson, Brown ; Ordinance and Public Debt, J. 
Blood, Dutton, Kingman, Hangman, Hanway, llofiman, 
Burnet, Ilutchingson, Lamb, Preston, N. C. Blood, Gra- 



656 HISTORY OF KANSAS TERRITORY. 

ham, Stinsou, McCune; Finance and Taxation, Simpson, 
N". C. Blood, Crocker, Hutcliingson, Palmer, Signer, Lamb, 
Hoffman, Porter, Stinson^ Foster; Amendments and Mis- 
cellaneous, Houston, Eoss, Ingalls, Signer, "Williams, Bur- 
net, Forman ; Federal Relations, T. S. Wriglit, Hodson, 
Stinson, Palmer, Forman ; Phraseology and Arrangement, 
ik Ingalls, Boss, Kingman, Stolks, Button, Porter, Townsend, 
Griffith, Lillie, Stiarwalt, Barton, Perry, Foster, McCune, 
Parks, 

This is a very important assembly in the history of Kan- 
sas, as it laid the foundation of the State Government. It 
was composed of talented and experienced men of both 
parties. 

The rights and privileges of women and negroes called 
out considerable discussion. Petitions were received by the 
convention from ladies of various localities in the Terri- 
tory, asking that no distinction should be made in the rights 
and privileges of the sexes, which were referred to the 
Committees on Judiciary and Elective Franchise. The fol- 
lowing is the report upon the subject by these committees, 
submitted by Judge Kingman : 

"Your Committee concede the point in the petition, upon 
which the right is claimed ' that the women of the State 
have, individually, an evident common interest with its men 
in the protection of life, liberty, property and intelligent 
culture ;' and are not disposed to deny that sex ' involves 
them in greater and more complicated responsibilities.' But 
the Committee are compelled to dissent from the conclu- 
sion of the petitioners. They think the rights of women 
are safe in present hands — the proof that they are so, is 
found in the growing disposition on the part of different 
Legislatures to extend and protect the rights of property, 
and in the enlightened, progressive spirit of the age, which 
quietly but efficiently has its effect upon the legislation of 
the day. Such rights as are natural are now enjoyed as 
fully by women as by men. Such rights and duties as are 
merely political in their character, they should be relieved 
from, that they may have more time to attend to those 



1859,] VARIOUS ITEMS. 557 

'greater and more complicated responsibilities,' Avhicli pe- 
titioners claim and your committee admit, devolve upon 
Avomen. 

"The theological view of this question, your committee 
will not consider." 

When the subject of elective franclnse came up, a feeble 
and ineftectual effort was made to strike out the word 
" male.-' There were but few in the Convention who 
favored women's rights. 

The negro occasioned considei-able jarring in the Conven- 
tion. Two attempts were made to exclude him from the 
Territory, but such motions were tabled, first by 26 yeas to 
21 nays; and the second time by 28 yeas to 20 nays. Mr. 
Blunt, who voted in the negative, did so, not because he 
favored tlie measure, but desired it brought before the peo- 
ple. The vote on ^excluding negroes from the public schools 
stood as follows : 

Yeas — Brown, Barton, Foster, Forman, Greer, Hippie, 
Hubbard, Kingman, Moor, McDowell, McCune, McClel- 
land, Parks, Porter, Slough, Stinson, Stiarvvalt, J. Wright, 
Wrigley, T. S. Wright— 20. 

]!^ays — Arthur, Burnet, Blunt, Burriss, J, Blood, X. C. 
Blood, Cracker, Button, Graham, Griffith, Hutchinson, 
Hanway, Hoffman, Houston, Ingalls, Little, Lamb, Middle- - 
ton, McCullough, Preston, Palmer, Ritchie, Eoss, Signor, 
Stokes, Simpson, Thatcher, TownsenJ, Williams — 29. 

Upon a resolution, endorsing the Fugitive Slave Law, 
the vote stood the same way, except Messr^lvingman, Por- 
ter and T. S. Wright, voted in the negative. On motion to 
strike out the word " white" from the clause on the quali- 
fication of electors but three voted in the affirmative, 
Hutchingson, Ritchie and Stokes. But one voted against the 
clause prohibiting slavery in the State — Mr. Forman, of 
Atchison. 

Strong eftbrts were made to extend the northern bound- 
ary of Kansas, so as to include all that portion of Nebraska 
68 



558 HISTORY OF KANSAS TERRITORY. 

south of the Platte River. A delegation, representing the 
people of southern Nebraska, attended the convention and 
strongly urged the measure. The proposition was rejected 
by about the same votes which controlled the action on the 
exclusion of the negro. 

The question of locating the temporary seat of govern- 
ment, engaged a good share of the attention of the conven- 
tion. Strong electioneering was practiced. According to 
a resolution passed, as the i-oll was called, each one 
named the place of his preference for the capital, and 
the four which received the highest number of votes were to 
be the only nominations. But afterwards, by general con- 
sent, the number was restricted to three, Topeka, Law- 
rence and Atchison. The roll being called again, Topeka 
received twenty-six votes ; Lawrence, 14; Atchison, 6. 
Thus Topeka was made the temporary seat of Government. 
It was required by an article among the miscellaneous that 
the first Legislature should provide by law for submitting 
the question of the permanent location of the capital to a 
popular vote. 

The schedule provided that the constitution and the 
clause preventing a homestead from a forced sale should be 
submitted to the ratification or rejection of the people at 
an election on the first Tuesday of October, and in case the 
constitution was duly adopted by the majority, an election 
should be held on the first Tuesday in December for all the 
State, District and County ofiicers, provided for in that in- 
strument. 

The convention completed its labors on the 28th ot July, 
and the constitution was adopted as a whole, by a Republi- 
can majority — the Democrats voting against it. The de- 
bates and full proceedings of this body were published, 
making a small octavo of over four hundred pages. 

The constitution was duly ratified on the 4th of October 
by the following popular vote : For the constitution, 10,421; 



1859.] VARIOUS ITEMS. 559 

against the constitution, 5,530 ; for the Homestead clause, 
8,788 ; against Homestead, 4,772, 

Both parties held their conventions and nominated can- 
didates for the elections of officers on the 6th of December, 
under the constitution. The followino; is the result of that 
election for all State officers, the Democrats with a star be- 
fore their names, the others being Republicans : 



GOVKKNOR. 

C. Robinson 7,908 

"S- A'ledary 5 395 

SECRETARY OF STATK. 

J. W. Robinson T.SfVl 

=-'A.P. Walker 5.396 



LIEUTENANT GOVEBNOa, 

.Toseph P. Root 7.893 

-John?. Slough 5,392 

TRKASURER. 

Wm. Tholan 7.937 

■Tv. L. Pease... 5,348 

SUPERINTENDENT OF PUBLIC INSTRUCTION- 

^c wi. "" ,^.',\V. R.Griffith 7,598 

ft. S^.^Hillyer l-^i^'rJ ■ S. McGUi 6,287 



,,J. K, Goodin 5,305 

CHIEF JUSTICE 



ASSOCIATB JUSTICES. 

S A. Kingman.- 7.895 



Thomas Ewing. jr 8.0lorT^-TA-T?^-^P®*'° ^•~^, 

■•Joseph Williams 5.:m Ji;!^.^ ^aH-I*'?-;, 1'!,^}, 

■R- B. Mitchell 5,49J 

ADJUTANT GENERAL. | MEMBER OF CONGRESS- 

B. F. Simpson 7.S80;M. F.Conway 7.074 

'■'Orlin Thurston 5,.'572r''J. A. Halderman 5,567 

For members of the State Legislature the political result 
stood as follows : In the Senate twenty-two Republicans 
and tiiree Democrats ; in the House of Representatives 
fourteen Republicans and eleven Democrats. 

Persons having been appointed to take the census who 
were rather unfavorable to the admission of Kansas, and 
there being no funds to defray expenses, it followed that 
the provisions for taking the census were not fully carried 
out, and the enumeration in many counties very imper- 
fectly, or not at all, taken. The con.sequeuce was that the 
report of the census returns showed a population of only 
09,950 whites, 406 blacks and 21,628 voters, whereas the 
committee appointed by the Council at the next session of 
the Legislature to investigate the matter, were of the opin- 
ion that the population was about 97,570. This furnished 
a pretext for the Democracy to oppose the admission of 
Kansas and to keep lier out of the Union one year longer. 



560 HISTORY OF KANSAS TERRITORY. 



CHAPTER L . 

THE DROUTH. 

The Territorial Legislature assembled atLecompton on the 
2cl of Jaiiuar}^, 1860, and on the 6th adjourned to Lawrence, 
which occasioned a rupture between that body and the Ex- 
ecutive. The Governor remained at Lecorapton, to await the 
decision of the Attorney General upon the legality of this 
action of the Legislature, and the Secretary of the Territory 
refused to furnish the members, upon their reaching Law- 
rence, with papers, documents, stationery, printing, &c. 
In view of these facts, both branches of the Legislature 
passed a concurrent resolution on the 18tli day of January, 
to adjourn sine die, without having accomplished anything 
in the way of Legislation. 

Tlie Governor immediately issued his proclamation, call- 
the Legislature to convene at Lecompton the follovv'ing day, 
"then and there to consider and perform such duties as are 
demanded by the interests and necessities of the people." 
The Legislature re-assembled pursuant to the call^ but again 
adjourned to Lawrence, where it remained in session until 
the 27th of February, and faithfully performed its work, 
enacting many salutary and much needed laws. 

The year ot 1860 is remarkable for an unprecedented 
drouth, which occasioned what is generally termed the 
'' Kansas famine." Tlie facts in the case are briefly stated. 
From the 19th of June, 1859, to November, 1860, there 



I860.] THE DROUTH. 561 

was uot a shower of rain fell at any one time, to wet the 
earth two inches in depth. During the intervening winter, 
there were two slight snows, neither of which concealed 
the ground from view. The roads were never muddy, dur- 
ing the whole period, and during the summer^ the ground 
would break open in great cracks, embarrassing the rolling 
of wagons, while the winds blew with a burning and parch- 
ing sirocco's blast from the south, and with the hot beams 
of an unclouded sun, parched the soil and burned up vege- 
tation. 

Such was the frightful character of the drouth, which it 
becomes faithful history to record. The consequence was, 
that the crops in the Territory were almost an entire fail- 
ure. Fall wheat, induced by the snow and frost of 
winter, shot forth in the spring, but withered and died when 
that moisture was exhausted. Spring wheat, of which there 
was little sown, fared no better. Out of 4,000 acres of good 
land sown in Shawnee county, not five hundred bushels 
were raised — less than one-eighth of a bushel to the acre. 
Other counties did some better, but most of them did not 
harvest a bushel. Esculent vegetables were a perfect fail- 
ure ever3'where; not a cabbage, bean, radish, onion or any- 
thing of the kind was raised. Potatoes and turnips — the 
next things to the staff of life — were likewise failures. 
From tlie carefully prepared statistics of Shawnee county, 
it is shown that two hundred and seventy-nine acres of po- 
tatoes were planted, and only ten bushels raised; seventy- 
six acres of beans produced but ten bushels ; from two 
hundred and twenty-four acres of Hungarian grass, only 
ten tons were mowed ; while buckwheat, turnips and gar- 
den vegetables were utter failures. Corn fared some better. 
The low bottom iands, where properly tilled, averaged 
almost one-third of a crop, and the high lands and ridges 
produced no grain whatever — only dry fodder. From the 
al)ove statistical table it is shown, that from 3,oll.> acres of 



562 HISTORY OF KANSAS TERRITORY. 

corn planted, only 5,187 bushels were raised, or about one 
bushel and two-thirds to an acre. Other places did better 
than this, or at least particular fields, which were low lands 
and well tilled : they averaged about ten bushels to the 
acre, and some produced as high as fitteen or twenty — a few 
still more. Timothy and clover hay v»'as a total failure. 
From the excellent Government Farm at Fort Leavenworth, 
which usually yielded about 1,100 tons, not a bushel was 
secured. 

The prairie grass furnished the chief support of the peo- 
ple. It grew and flourished nicely until about the middle 
of June or the 1st of July, when it parched and died on all 
the uplands. Along the ravines and creeks, and in the 
" pockets '"' it remained green still later, furnishing hay for 
winter. The wild grass, though not so abundant as usual, 
still was of such a superior quality that it kept the cattle 
fat all summer and fall. The sap having dried up. left it 
very nutritive, and stock ate it with as much relish as 
though it had been green. Some difficulty in places was 
experienced in procuring hay, there beiijg no grass long 
enough to mow, except in some of the low lands and along 
creeks and rivers. Farmers went in a few instances, as far 
as forty miles to procure hay for their cattle. Stock, which 
would otherwise have famished, fed upon the spontaneous 
growth of grass on the prairies during the summer, fall and 
winter. 

To add to the already distressed condition of the country, 
the wells, springs and brooks dried up. Very tew held out 
during the year. Families on the prairies were compelled, 
in many instances, to haul their water several miles, and 
would even thus procure a very inferior quality. They had 
neglected to dig wells, depending on creeks and brooks ibr 
water, so that when these were dried up they were left 
destitute. 

The drouth in some localities of Kansas was not as bad as 



I860.] THE DROUTH. 563 

above described. AloiiGj the Missouri liiver tiud in tlie 
north-eastern portion, a sufficient ^vas raised to feed tlic 
popuhition of that region. In the Kaw A'^alJey, where 
properly tilled, the land yielded a two-thirds crop of corn. 
But elsewhere throughout the Territory the drouth was 
fully as alarming as we have shown above. 

The drouth of 1860 was not confined to Kansas alone. It 
extended over southern Missouri, Arkansas, western Ten- 
nessee, and a portion of Kentucky, almost, if not quite as 
great as in this Territory. As little was raised, according 
to the amount planted, in those States, as in Kansas. 

But the people of this Territory were illy prepared for 
this universal dearth of crops. Their granaries were gener- 
ally exhausted before the summer mouths arrived, at which 
time not one-half the tarmers in Kansas had a bushel of 
corn on hand. It being a good price at the Border towns 
the fall previous, and the roads being excellent all winter 
they had sold in market all the surplus corn the}'' supposed 
they would have after June set in, trusting to the grass 
from the prairies for feed. So with wheat ; all those that 
had raised more than their own consumption would de- 
mand, had disposed of it at what they supposed was a good 
price, and appropriated the money to supply the wants of 
their families. By the fall of 1860 there was scarcely any 
corn or wheat in the Territory ; not six thousand bushels 
of either in each county. 

Furthermore, the people here were poor and scanty of 
pecuniary means. Many of them had suffered heavy losses 
in '55, '66 and "57, by not beiug able to attend to their 
crops, having lost much of their time, and spending much 
of their money in feeding and clothing their families, and 
in attending conventions, traveling, buying arms and ammu- 
nition, &c. They had, during the years of '58 and '59, put 
their claims in repair, and were making ready for full and 
rich harvest gatherings. Many were new comers, whose 
condition, in some instances, was more deplorable than the 



564 HISTORY OF KANSAS TERRITORY. 

older settlers, from the fact they had expended all their 
means upon their new homes, and trusted entirel_y to their 
crops for a livelihood. 

The result was that thirty thousand settlers left the Ter- 
ritory and returned to tlieir friends and to provision in the 
States. It looked at the time as though the whole country 
would be depopulated and left a barren and uninhabited 
waste. Claims, with their improvements, houses, fences, 
&c., were abandoned and stood dreary and alone upon the 
prairies. Long trains of covered wagons, drawn by lean 
horses, with woe-begone looking inmates, in mom-irfnl pro- 
cession crossed the Border. 

Thirty thousand more would have left, but they had no 
means with which to get away. They had not a sufficient 
amount of clothing and provisions to last them half the 
winter, and Famine, with all his grim and ghastly features, 
stood sentinel at their doors. It was plain that they must 
perish from starvation, unless that Father vvdio supplies the 
birds of the air with food would bring deliverance to their 
homes. They were the industrious poor of Kansas, who 
had come here to rear themselves homes upon the wide ex- 
tended prairies by hard toil, and had no hope of supplies 
only what they gathered from the fields. They had no rich 
friends in the East to lend a helping hand, nothing on earth 
could meet their necessities but the Spirit of Benevolence. 

The other forty thousand of the population in Kansas 
were in a condition to withstand the tamine, but could do 
nothing towards alleviatins: the wants of others. With the 
})rovision and clothing they had, and with that which they 
had money to procure, together with the assistance of 
friends from abroad, they could manage to live themselves. 

The painful fact stared the people of Kansas in the face, 
that want and starvation were before them. There was 
no evading or overcoming it, notwithstanding its admission 
would militate against the characterof thenewand growing 
country. The alarming rumor reached the East, and at 



I860.] THE DROUTH. 565 

once touclied the kind and sympathetic hearts of the num- 
erous friends of Kansas. Thadyus Hyatt, of Xew York, 
who had always taken an active interest in Kansas, was 
the first to move in relief of the destitute. Pie came to the 
Territory himself, visited numerous counties, acquainted 
himself with the actual state of affairs, and gathered statistics. 
Being satisfied that the necessities for relief were urgent, he 
had the counties to organize and appoint their committees, 
and constituted S. C. Pomeroy, general agent of northern 
Kansas, and W. F. Amy, of southern Kansas, who should 
receive and distribute money and provision for the suffer- 
ing. Mr. Hyatt returned East, petitioned the President 
for assistance, in behalf of the destitute in Kansas, and 
published to the world his statistics and facts of personal 
observation, with an appeal for an immediate response for 
the relief of the sufferers. 

The movement thus inaugurated, continued its operations 
until the spring of 1861, and contributed vastly towards the 
relief of the deestitute, as the following figures will show. 
Contributions in clothing and provisions were received, 
packed in boxes and sent to Atchison for delivery, while the 
remittances in money were applied to defraying the expen- 
ses of freighting and boxes. On its reception a,t Atchison, 
it was distributed out among the difi'erent counties. 

According to the report of this Committee, the total re- 
ceipts of provision for distribution up to March the 15th > 
1861, were 8,090,951 pounds. Total distribution at Atchi- 
son, exclusive of branch depots, 6,736,424 pounds. At 
Wyandotte and Leavenworth, the Committee distributed 
437,190 pounds of provisions of various kinds. These state- 
ments do not include clothing and garden seeds, of which 
large quantities were received and distributed. As early as 
the first of January, 1861, 2,200 garments of various kinds, 
262 pairs of boots and shoes, and 550 yards of cloth were 
received and distributed. By the first of March, 1861, 
.69 



666 HISTOEY OF KANSAS TERRITOHY. 

2,500 bushels of seed wlieat were received and distributed 
amon<]r the different counties. 

The whole amount of cash received by the Committee, 
was $83,869,52, which was chiefly expended on bagging, 
boxing and freight. But little or no money was distributed 
among the settlers. 

The Committee and all their agents labored gratuitously, 
never receiving a cent for their time. 

Besides the relief furnished by this Committee, contribu- 
tions flowed into the Territory through other channels* 
Churches, individuals and communities operated indepen- 
dently, and for certain persons or localities. It would be 
impossible to arrive at any just estimate of the amount thus 
furnished. Much of that sent through the General Relief 
Committee had special assignments, and was designed for 
certain neighborhoods or settlements. 

The State of J^ew York deserves a special mention in 
connection with the relief movement, for generously appro- 
priating §50,000 towards purchasing and shipping seed 
wheat to Kansas. The Legislature of Wisconsin extended 
a similar favor ; while the citizens of Indiana, Illinois and 
Ohio made liberal donations in seed grains of various kinds. 

Such eflbrts as these greatly relieved the people of their 
wants, without which not only would hundreds have per- 
ished during the winter, but still more would have been 
unable to plant their flelds in the spring, and consequently 
unable to better their condition. But notwithstanding the 
vast amount of remittances from the East, the people of 
Kansas, in many instances, experienced all the eftects of 
destitution and privation. 

The evil eftects of this drouth were not eonflned entirely 
to the personal sufl^erings it occasioned, Init threw the Ter- 
ritory back in her march of progress, not only by diminish- 
ing her population one-third, but by deterring emigration to 
the present day. Ever since this great calamity, Kansas 
has generally been regarded abroad as subject to drouth, 



I860.] 



THE DROUTH. 



567 



and with it the idea ot famine has been associated. Thous- 
ands have been prevented from emigrating to the State, 
from the popnhir conviction that this country is periodi- 
cally visited by such appalling misfortunes as tlaat of 1860. 
In justice therefore to the Territory whose history we are 
writing, it behooves us to examine into the facts bearing 
upon this subject, which will amply show that Kansas is 
no more liable to drouth, and no more affected by it, than 
any other State of similar latitude. 

The following table was taken from Dr. Sink's report to 
the Governor upon the climate of Kansas, which was ar- 
ranged from the records of all observations made at the 
military posts within tlic State, extending to the year 1865 : 



MEAN PRECIPITATION OF RAIN, CALCULATED FOR SEASONS AND 

YEARS. 



Place of Observation. 



CO 
•3 


c 


> 

S 


55 


X 


2. 


B 


c 


B 


p 


a? 


-1 


B 


►1 







7 32 
b 62 
12 57 

5 36 

6 80 
12 30 
12 14 


13 03 
10 68 
16 37 

8 45 
10 62 

14 14 
13 7(1 


7 57 
5 87 

8 3il 
4 01 


3 42, 31 34 


30 


Fort Riley 

Fort Scott , 


2 721 24 Pi) 

4 79 42 li> 

81 8 63 


5 
10 


Fort Ijiirned 


4 


Fort Kearney 


4 S), 1 50 23 77; 13 


St. Loui.-!.. 


8 W 6 W; 42 32; 19 

9 yo' 11 ]5' 46 !sy 'J) 




9 38! 9 87l 


8 23i 7 481 M tHilJS 


Athens, Illiuois 


12 20 


_13JipJ. 


9 20 


7j0j_41_80_ 


}» 



"The measure of moisture, precipitated in rain and snow, 
lor the entire year, in Kansas, is very considerably below 
that for the other States represented in the table. By com- 
paring the measurements for the spring, summer and 
autumn months, however, it will bo found that the differ- 
ence is very slight. 

" The winter months show a great dimunition in the rela- 
tive amount, but as the deficiency occurs during the absence 
of vegetation, it is of no practical importance. As a con- 
sequence, the roads during this season are usually dry and 
111 splendid condition for travel, thereby rendering trans- 



568 HISTORY OF KANSAS TERRITORY. 

portatioii easy at the Ycry time the farmer desires to send 
his heavy produce to market." 

"The precipitation of rain for the month of March sho^vs 
a small increase over the winter months. The quantities 
are doubled in April, and again doubled in May. The 
mean maximum occurs in June, and the mean minimum in 
January. 

"■ The o;reatest amount in one 3'ear ever observed at Fort 
Leavenworth was 59 inches, in 1858 ; the least amount was 
16 inches, in 1843. The greatest at Fort Scott was 52| 
inches, in 1841; the least was 29 inches, in 1838. ISTo rec- 
ords were kept at Fort Scott during the year of 1860, but 
the amount for the summer months was undoubtedly less 
than at Fort Leavenworth, as was evidenced by vegetation. 
The deficiency of rain at Fort Leavenworth in 1843 must 
have been local, as the records at Fort Scott for the same 
year show a measurement of 44 inches. Besides, the In- 
dians living in the Territory at that time have no recollec- 
tion of a drought of a general character. The amount of 
snow that falls during the winter is usually very slight, and 
it remains on the ground but a short time. 

" Taking the records at Forts Leavenworth, Riley and 
Scott, as a basis for calculation, the mean annual precipita- 
tion of rain for the eastern half of the State in 32 78-100 
inches. The mean for the western half is about 24 inches. 
The mean for Minnesota is 30 inches, for Wisconsin, 32 
inches, and for Michigan, 30 inches. 

" In 1860, the relative deficiency of rain was quite as 
great as in southern Missouri, Arkansas and western Ten- 
nessee as in Kansas. In 1854 a general drought prevailed 
in all the Central States, from the Missouri River to the 
Atlantic coast. 

'■' The following tabular statement will give a better ex- 
pression of its extent and character than if made in general 
terms. The statistics are for the summer months only, as 
this is the period of greater importance in the supply of 



1000.] 



TUE DROUTH. 



569 



rain. The drought, liowcver, continued throughout the 
autumn months, in most of the locaUties. 







ir 






e 2 




1 R 


1 f^ 


• 


i 3 


a 






J..J5 






—13 




B -1 


D O 




o -? 


a 




o"n 


Cr-P 




§"0 S-S" 






S '^ 








5 7 
2 7 


13 
Id ti 


Pitt^hnrfr 


4 7 

4 S 


9 S 


Fort lliley 


Washington 


1? (1 


Fort Smith. Ark • 


4 1 


13 9 


Norfolk, Va 


3 5 


15 1 




i)4 
6 6 


14 1 
13 7 




5 1 


11 "S 


Cincinnati 


Burlington, Vt 


5 IIIO 8 



"A drought so widely extended as that of 1854, is a rare 
occurrence in this climate. They are usually confined to a 
much smaller compass, and, at such times, the neighhoring 
districts are supplied with an excess of rain. Wliile a 
drought is by no means a desirable occurrence, an excess of 
rain is equally injurious. The general proposition, tliat the 
whole Mississippi valley is more damaged in its grain and 
root crops by an excess of rain than from a deficeucy, will 
scarcely be questioned." 



570 HISTORY OF KANSAS TERKITORY. 



CHAP T E li LI. 

VARIOUS ITEMS. 

There were several events of interest occurred this year, 
which we will briefly narrate, though not connected with 
the general history of the Territory. 

In the winter of 1859 and '60, Dr. John Do}^, of Law- 
rence, set out to conduct thirteen negroes, by way of Iowa, 
to Canada. They had fled from slavery to that city. This 
was a common thing in those days for the negroes of Mis- 
souri. On their arrival they always found friends and help 
in efiecting their escape. As he was passing through the 
northern part of the Territory, fifty miles from the eastern 
boundary, ho was suddenly captured by Missourians and 
carried to St. eloseph, where he was tried on the charge of 
enticing away slaves, a crime punishable with death ac- 
cording to the statutes of that State. The Kansas Legis- 
lature appropriated one thousand dollars to employ counsel 
for Doy at his trial. Though he was charged with an of- 
fense as having been committed in Platte County, and 
though the prosecution was unable to prove that Doy had 
been within thirty miles of that State, the Jury at the first 
term of Court failed to agree, but at the next he was con- 
victed and sentenced to the penitentiary for life. 

But Doy had friends in Kansas who cared but little 
whether he was sentenced or not, knowing well that they 
could eftect liis deliverance. A company from Lawrence 



I860.] VARIOUS ITEMS. 571 

and vicinity, under the leadership of Stewart, the lighting 
preacher whom we have before noticed, one dark Saturday 
night, crossed the Missouri River a little below the ferry, 
and soon stood before the jail at St. Joseph. It S(> hap- 
pened that a storm came up about the same time and a tor- 
rent of rain was pouring down upon them. The jailor was 
awakened, called out and asked to allow them to secure a 
prisoner until Monday morning in jail, whom they had 
caught on the charge of horse stealing. They represented 
there was no doubt of his guilt, that they were tired and it 
was late to wake up the Justice of the Peace that night for 
an examination of the criminal. The jailor with reluctance 
consented and conducted them into the building. iSTo sooner 
had they entered than they shut the door, and with a 
cocked revolver before the jailor's heart, bid him not move 
or give the alarm at the risk of his life. They told him 
their purpose was to release Doy, and demanded the keys 
of the building. Having obtained these they next com- 
pelled the poor jailor to lead them to Doy's cell, which they 
unlocked, and the prisoner walked out. They then told the 
jailor that he should remain in the jail, mute and still, until 
daylight, that they would post guar.ds around the house, and 
if he made a noise they would rush in and assassinate him 
on the spot. 

They passed out, locked the door after them, and pro- 
ceeded towards the river. Just at that time a fire broke 
out on one of the principal streets ; the fire bell rang the 
alarm sound, and every body hurried pell mell to the burn- 
insr buildino;. In tlie midst of this confusion and excite- 
ment, Stewart and his party made their escape to their 
boats and crossed the river in safety. There were two happy 
coincidents connected with this rescue, seemingl}/ provi- 
dential — the rising of the storm and the breaking out of 
the lire. 

The last Territorial Legislature assembled at Lecompton 
on the 7th of January, 1861, and adjourned soon after to 



572 HISTORY OF KANSAS TERRITORY. 

Lawrence, where it remained in session nntil the second of 
February. Accordins; to the Auditor's report, the follow- 
ing table exhibits tlie amount of revenue annually received 
by the Treasurer, and the amount of warrants annually 
issued by the Auditor, during the Territorial existence of 
Kansas : 

Pterenup. Warrants. 

1856 8 1,811.88 ?5,211.48 

1857 'i ;S->.(ltl 11,61)4.47 

1858 ()8M2 4,602,9:5 

1859 2(i,544.0H f.4.4()0,2(i 

1860 3,107,.i3 41.2:34.14 



Total ?;35,617.48 $124,962,28 

According to this report, the total amount of warrants on 
the treasury outstanding at that time was $89,344,80. Be- 
fore the first State Legislature convened, this was diminished 
by in-coming revenue to $87,390,84, which was the amount 
assumed by the State. These warrants have been paid 
from year to year, until there remains now of them only 
$9,288"',57. 

The free state men never paid a cent of the Territorial 
tax levied by the authority of what was called the bogus 
Legislature. It remains charged against the respective 
counties, constantly accumulating by interest, until the 
Legislature of 1867 canceled it out. 

In the spring of this year an effort was made to revive 
the old difficulties of 1855 and 1856, by the attempt on the 
part of the United States Deputy Marshal, Leonard Arns, 
to arrest John Ritchie, of Topeka, upon an old indictment 
growing out of the early troubles, which Governor Walker 
declared " should be by-goues." In 1856, Mr, Ritchie had 
been arrested upon a trumped-up charge of mail robbery, 
and, with other felloAv-townsmen, taken to Lecompton, 
there retained in close confinement for three months, when 
he made his escape. It was upon the same charge that 
Marshal Arns sought to re-arrest him, on the 20th of 
April, without the least show of writ or authority. As he 



1860-1.] VARIOUS ITEMS. 573 

was advaDcing upon Mr. Ritchie with a drawn revolver, tlie 
latter, protesting against arrest and warning him to come 
no further, shot him dead. Mr. Ritchie gave himself up 
for trial, at which he was acquitted, on the ground that the 
homicide was an act of self-defence. 

Old feuds in south-eastern Kansas had not yet been healed, 
and threatened to break out afresh this summer and fall. 
Bad characters had returned to the Missouri Border, who, 
with other kindred spirits, began to harrass the free state 
men, across the line in Kansas. Many free negroes had 
found homes in the Territory. These the Ruffians would 
kidnap, hurry them tSouth, and sell them at good prices. 
They would also induce slaves in Missouri to run off from 
their masters, by presenting to thom flattering prospects of 
freedom. When the master would offer a reward for the 
apprehension and restoration of the absconded negro, these 
pretended liberators, knowing the whereabouts of the slave, 
would seize him and thrust him back into bondage. In 
other instances they would decoy the slaves away, and se- 
crete them until the reward should be offered ; then take 
them back and claim their money. This was a heavy busi- 
ness, and carried on with great profit all summer. 

The free state men finally determined to make a stand 
against this iniquitous practice of man stealing, and began 
to give protection to the abused fugitives. Whenever run- 
away slaves came into that vicinity they were either guarded 
or conveyed to other places. 

Foremost among these man-stealevs was a Ruffian by the 
name of Ilines. The free state men determined to catch 
him if they could, and hang him, but he, for a long time 
thwarted all their efforts to secure his person. Finally it 
was reported that Hines and others were coming to attack 
Montgomery and get possession of a slave the latter har- 
bored. A company of free state men gathered together and 
set out to meet Ilines, and shortly came upon him. Feign- 
ing to be in hunt of runaway slaves, they induced Ilines and 
70 



574 HISTORY OF KANSAS TERRITORY. 

his party to join them. While in company with him they 
obtained his confidence, and ascertained all about his mis- 
deeds and plans. At a favorable opportunity the Kansans 
seized the Ruffians, disarmed them, and held them for trial. 
They gave them a drum-head trial, liberated all except 
Hines, whom they found clearly guilty of man-stealing, and, 
in accordance with the Hebrew code, sentenced him to 
death. A paper with the words, " Hung by the people of 
Kansas, for man-stealing," written upon it in large letters, 
was pinned to his shirt bosom. He was placed upon a 
horse, (November 16,) one end of the rope attached to his 
neck, the other to a swinging limb of a tree above, the 
horse led from under him, and he left dangling in the air. 

This event was immediately followed by the hanging of 
two free state men, Guthrie and Catlan as horse thieves, 
but really because they were abolitionists. Others were 
killed by the secret order, called the Dark Lantern Com- 
mittee, a band of Ruffians that had their headquarters at 
Barusville, Missouri. One day John Benter, while stand- 
ing in the door of a grocery, near that place, was shot 
dead by a passing horseman. 

Bands of cut-throats from Texas and Arkansas, infested 
southern Missouri, were drilling, in anticipation of the com- 
ing war, and threatened to inaugurate the bloody drama of 
mobbing, killing and robbing free state men, which they had 
just been carrying on in the above mentioned States. 

According to the treaty of peace, which, it will be recol- 
lected, was written by Old John Brown, in Southern Kan- 
sas, all Border Ruffians were prohibited from returning on 
pain of death. Accordingly when some of these ventured 
to make their appearance this year and engage in their for- 
mer outrages, the free state men suddenly seized one, hung 
him to a tree with the inscription on his body, " Hung as a 
returned Border Ruffian." The free state men organized 
a secret society, which they called " Wide-a-Wake," pre- 
tended to have immediate connection with the vast host of 



1860-1.] VARIOUS ITEMS. 575 

" Wide-a- Wakes " in the IS'orthern States, made all the dis- 
play they could, thus spreading terror among the Border 
Ruffians. 

A groat outrage was committed ]>y the agent of the Fed- 
eral Government this fall upon the settlers on the Neutral 
Lands. According to a treaty made with the Seneca In- 
dians, of New York, they held a strip of land eight miles 
wide in the vicinity of Fort Scott, the boundaries of which 
were not definitely estai)lisho(L Immediately south of this 
and between it and the Cherokee possessions were 800,000 
acres, which, according to a treaty with the latter tribe, was 
closed to settlement by any class of emigrants, and was 
called the Neutral Land. Vf hen Kansas was thrown open 
to settlement. Squatters made claims upon the New York 
Indian lands, presuming that they would soon come into 
market. 

But when the survey of the Neutral Lands was made in 
the summer of 1859, it was found that their northern bound- 
ary extended some distance above what the Squatters sup- 
posed it did. In this way a large and thrifty neighborhood, 
called the Dry Wood settlement, nuinbering 1,527 souls, 
fell in the Neutral Land. They had improved their claims, 
built fences, barns and dwelling houses, and were every way 
in a flourishing condition. 

The order was first given by the Commissioner of Indian 
Affairs, in the spring of 1860, for the removal of the set- 
tlers ; still no forcible measures were employed to eft'ect this 
object until the following November. The agent suddenly 
appeared among them with a strong force of United States 
troops and began driving the families from their homes, 
dashing their furniture out of the houses and tiring them. 
In this way seventy-four families were turned out upon the 
chilly and open prairies — homeless. 

The New York Indian lauds were offered for sale, this 
fall, on the 3d and 15th of December. Great excitement 
prevailed among the settlers, in consequence of the treat- 



576 HISTORY OF KANSAS TERRITORY. 

raeut towards the squatters upon the Neutral Lands. On 
account of the drouth, few were able to purchase their 
claims — even at government prices, and it was feared that 
if speculators did not come in and bid oif the lands, the 
p-overnment would withdraw the sales, and remove the 
squatters by force. 

By this time the people in southern Kansas had learned 
to take care of themselves, and resist oppression, no matter 
from whom it came. They organized, armed themselves, 
and attended the sales, where it was generally understood 
that if any one sought to bid off" another's claim, he should 
pay the forfeit with his life. But one person sought to do 
this, and he had scarce!}' left the town before he was seized 
by a party, who would have taken his life had he not begged 
BO earnestly, and offered to deed over the land in fee simple 
to the original claimant. They finally let him go. They 
thus preserved and held their homes, the Government not 
seeking to interfere with them. 

The troubles and feuds in south-eastern Kansas continued 
until the breaking out of the national conflict, when they 
assumed a destructive character, and did not subside until 
the close of the rebellion. 

The Wyandotte Constitution was presented in the Senate 
on the 14th of February, 1860, and referred to the Commit- 
tee on Territories, together with a bill for the admission of 
Kansas. The Committee, unable to agree among them- 
selves, finally reported without any recommendation on the 
subject. 

The same Constitution was laid before the House, on the 
loth of February, and on the 15th, Mr. Grow, of Pennsyl- 
vania, introduced a bill for the admission of Kansas into 
the Union, which was read the first and second times, and 
referred to the Committee on Territories. This bill was 
reported back favorably from that Committee, and, on the 
11th of April, passed the House by 134 yeas to 73 nays. 
The Senate stubbornly refused to take it up, and adjourned. 



1860-1.] VARIOUS ITEMS. 577 

leaving Kansas still a Territory, tlioiigli two years previous 
that body had warmly favored her admission, under a con- 
stitution which had its origin in fraud and outrage. Thus 
Kansas was deprived of taking any part in the Presidential 
election of 1860, and kept out of the Union for another 
year, though every way qualified for admission. 

The pretexts for opposing the admission of Kansas, em- 
ployed by opponents, were that her inhabitants were 
inadequate, and that the provisions of the English bill had 
not been fully 'observed. 

At the next session of Congress the application for the 
admission of Kansas was again renewed, and, on motion of 
Governor Seward, the House bill which had been passed at 
the former occasion, was called up in the Senate, in which, 
on the 31st of January, after some slight amendments it 
was passed b}'' a vote of 36 yeas, to 16 nays. On the 21st 
of the same month it was taken wp out of regular order, on 
motion of Mr. Grow, of Pennsylvania, and passed with the 
Senate's amendments, by 119 yeas to 42 nays. 

On the same day Kansas w\'is admitted, ^Messrs. Jefferson 
Davis, Clement C. Clay, Fitzpatrick, Mallory, and others, 
abandoned their seats in Congress to take part in the soutli- 
ern rebellion. Thus the coniiict, inaugurated by the repeal 
of the Missouri compromise, and fought upon the principles 
of Squatter Sovereignty, ended, making the first defeat of 
slavery, and the first triumph of free labor, in our national 
history. 

The struggle in Kansas, though not marked by great bat- 
tles or frightful carnage, Avas none the less fierce and power- 
ful. It was a contest in which patient endurance, inflexi- 
ble courage and prudent management were more essential 
to success than military strength and valor, requiring not 
only the qualifications of a soldier, but of a statesman, a 
martyr and, a philanthropist. Xot only had the enemy to 
be met with cool determination and with force, but public 
sentiment abroad had to be considered, a conflict with the 



578 HISTORY OF KANSAS TERRITORY. 

Federal Government avoided, and yet a government upheld 
and maintained, in opposition to the one recognized by 
the Federal authority, means raised without taxation, and 
subsistance and arms procured. Still, so prudently, skill- 
fully and successfully were things managed by the free 
state men, that throughout the long protracted trouble 
there can be but little found in their conduct to censure or 
condemn. 

The soil of Kansas is historic ground for fifty miles in 
width. Along its eastern border, there is scarcely an acre but 
has been the scene of some daring rencounter, battle 
or event, connected with the difficulties in the Territory. 
Old settlers, as they ride along, will here and the' o call the 
attention of the stranger to the spot where some one was 
killed, a house burnt, a skirmish between the opposing 
parties took place, or where a convention was held, which 
resolved to resist oppression. Along her ravines free state 
men have skirted or found a hiding place, to elude the pur- 
suit of their enemies, and over her prairies the fiery cliase 
has often passed. 



APPENDIX. 



TOPEKA CONSTITUTION IN CONGRESS. 

[The following matter should have followed the 302d 
page, but by an accident, the copy was mislaid until after 
the time it should have been set up, and, consequently, it is 
inserted here.] 

The Topeka Constitution did not reach Congress until the 
spring of 1856. On the 24th of March it was presented in 
the Senate by Lewis Cass, and referred to the Committee 
on Territories. In the House it was presented by Mr. Mace, 
on the 7th of April. Agreeable with the petition accom- 
panying the document, a bill was introduced by Mr. Grow, 
of Pennsylvania, on the 25th of June, admitting Kansas 
into the Union, and passed the House on the 3d of July, 
by a vote of 99 yeas to 97 nays. Upon going to the Sen- 
ate it was referred to the Committee on Territories, from 
which it was reported back on the 8th of July, with the 
recommendation that the bill be amended by striking out 
the preamble, and also the whole of the bill after the en- 
acting clause, and insert in lieu thereof the Senate bill, 
which had passed that body, authorizing the people of Kan- 
sas to frame a constitution and apply for admission into the 
Union. The bill thus changed to almost a new one, was 
passed by 30 yeas to 13 nays; while it was pending efforts 
were made to amend it still further by a clause declaring 



580 HISTORY OF KANSAS TERRITORY. 

the Territorial laws framed at Shawnee Mission invalid, but 
failed by a vote of 32 nays to 12 yeas, A bill was then in- 
troduced into the House and passed, i^eorganizing the Ter- 
ritory of Kansas, but on going to the Senate was lost. At- 
tention was again called, in connection with the Lecompton 
fraud, to tlie Topeka Constitution by the minority report, 
but no action was ever again taken upon it. 

WORKS CONSULTED IN COMPILING THIS VOLUME, AND A BRIEF 
NOTICE OF THE TERRITORIAL LITERATURE OP KANSAS. 

It would be tedious and useless to give all the sources of 
information that have been resorted to in writing this book. 
The authorities have been so various and numerous, that 
the author has not mentioned them in foot notes, to avoid 
increasing the size and cost of the volume. Much has been 
gathered from living witnesses, and participants in events — 
much that has never before been published of a secret and 
party cliaracter. The following have been the author's 
chief references : 

HISTORY OF LOUISIANA. 

French's Historical Collection, from French writers upon 
the early history of Louisiana Bruer's History of Louisi- 
ana, Stoddard's Sketches of the West, Martin's Louisiana, 
Peck's Annals of the "West, Bancroft's United States, Dil- 
lon's Lidiana, Gregg's Commerce of the Prairies, Sparks' 
Biographies of Marquette, De Soto and La Salle, Hildreth's 
United States. 

ON SLAVERY AND CONGRESSIONAL. 

Bancroft's LTnited States, Greeley's American Conilict, 
Annals of Congress, Colonial Histories of New England and 
other Colonies, Benton's Thirty Year's View, Congressional 
Globe, American State Papers, Madison's "Writings, Life of 
Chi}'', of Calhoun, &c. 



APPENDIX. 581 

KANSAS TROUBLES — OFFICIAL. 

Report of the Investigation Committee of the United 
States House of Representatives, Report of the Commis- 
sioners to Audit Claims, Executive Minutes, Journals and 
Acts of the Territorial Legislature, Executive Documents 
of the United States and the Congressional Globe, Covode 
Investigation of 1860, Journal of Topeka State Legislature, 
Report of the Speeches and proceedings of the "Wyandotte 
Constitutional Convention. 

HISTORICAL. 

Hale's History of Kansas and Nebraska, published in 
1854, before Kansas had much history. It is valuable for 
matter relative to K. E. Emigrant Aid Society. 

Bruerton's "War in Kansas," published in the spring of 
1854, is valuable in giving particulars, and is very truthful 
in point of fact. 

Mrs. Robinson's " History of Kansas " is very accurate 
upon all it treats, but is limited and on the diar}^ style. 
Published in the fall of 1856. 

Wm. Phillip's " Conquest of Kansas " is a very interest- 
ing and reliable book, but contains discrepancies. It is a 
valuable addition however, to Kansas histories ; published in 
the fall of 1856. Mr. Phillips has always been one of Kan- 
sas' true friends. 

" Three Years on the Border," by an Episcopal clergy- 
man, shows the state of feeling in western Missouri, before 
and after the repeal of the Missouri Compromise. 

"Geary and Kansas," by Dr. Gihon, treats chiefly of Gov- 
ernor Geary's administration, and is valuable, though faulty 
in many respects. lie evidently was a friend of the Gover- 
nor. 

" The Englishman in Kansas," by Mr. Gladstone, consists 
of personal observations in traveling up the Missouri and 
in the Territory. 
71 



582 HISTORY OF KANSAS TERRITORY. 

Redpath's " Life of John Brown " is indispensable to a 
writer on Kansas history, though it must be used with care. 
But his "Roving Editor" has but little application to 
Kansas. 

" Kansas in 1858," by Thomalson, proposes to give an 
account of the difficulties in south-eastern Kansas, but treats 
of only a few incidents in a transposed'and disconnected 
manner. 

" The Kansas Annual Register," published in 18(34, is a 
singularly constructed work, containing much valuable 
local matter, &c., &c. 

JOURNALISTIC. 

" The Herald of Freedom " was an excellent paper and 
indispensable to one writing the history of Kansas. The 
first number was issued in Pennsylvania, October, 1854, and 
the second on the 6th of January, 1855, at Lawrence, under 
the editorship of G. "W. Brown. It was the ablest edited 
and largest free slate paper in the Territory, and continued 
until 1860, when it was superseded by the "Tribune." In 
1857, the editors published in its columns a complete history 
of the Territory, up to that time. 

Foremost among the pro-slavery papers was the " Squat- 
ter Sovereign," published at Atchison, and edited by Dr. 
Stringfellow and Kelly. It was very ultra, and bitterly op- 
posed to free state men, and was the semi-oificial organ of 
the Border Chieftains. It was first published at Liberty, 
Missouri, by the name of the " Democratic Platform," where 
it warmly supported Atchison and opposed Benton. In the 
fall of 1854, Mr. Kelly moved his press to Atchison, where 
he was joined by Dr. Stringfellow in the publication of 
'' The Squatter Sovereign," the first number of which was 
issued on the 3d of February, 1855. It was thus issued 
until the spring of 1857, when it was pubhshed by Hon. S. 
C. Pomeroy and others, and as it changed hands, changed 
name and politics. 



APPENDIX. 583 

111 September, 1854, before a single building was com- 
pleted at Leavenworth, the " Kansas Weekly Herald " was 
issued under an old elm tree, near the corner of Cherokee 
Street and the levee, under the management of Osborn & 
Adams, the former of whom was soon superseded by L. J. 
Eastin. Its tone at first was upright and manly, but it soon 
gave way to party pressure, and became very ultra and bit- 
terly partisan. It was the first paper published in the Ter- 
ritory. In 1859 it became a daily, and in 1861 its existence 
terminated by the death of its then proprietor. 

The " Kansas Territorial Register," first issued in July, 

1855, and destroyed in December of the same year, was 
edited by Hon. M. A. Delahay. 

The " Topeka Tribune*' was first published at Lawrence 
in October, 1854, by John Speer, the present editor o fth e 
"Lawrence Tribune." The following spring it was moved 
to Topeka, and edited by Speer & Ross. In December, 

1856, Speer sold out to AV. "W. & E. G. Ross, and returned 
to Lawrence. He has been editor in Kansas longer than 
any other man, always true to the principles of freedom. 

The " Kansas Freeman," edited by E. C. K. Garvey, a nd 
published at Topeka, is valuable, as it contains the proceed- 
ings of the Constitutional Convention and State Leg- 
islatures. 

The " Lawrence Republican " was established in 1857, 
and edited by Mr. D wight Thatcher. It strongly favored 
the organization of the Republican party. 

The Kansas "Free State" was a well conducted paper, 
under the editorship of Eliott and Miller. It was destroyed 
at the sacking of Lawrence, and never after revived at that 
place. 

The " Kickapoo Pioneer," published at Doniphan, was 
the second pro-slavery paper in the Territory in point of 
ultraism and hostility to free state men. 

There were several other small papers published in the 
Territory, but the above mentioned were the i)rincipal 



584 HISTORY OF KANSAS TERRITORY. 

ones, all of which the author has had before him while 
writing this book. 

Besides the above, much has been gathered from the 
newspapers in the northern and southern States, which are 
too numerous to mention. 



LBAg'06 



